Thivierge v. Town of Amesbury, et al

Filing 18

MOTION to extend time to file appellant's brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)

Thivierge v. Town of Amesbury, et al

Doc. 18

106 Friend Street
Amesbury, MA 01913 September 15,2010

United States Court of Appeals
For the First Circuit John Joseph Moakley

1 Courthouse Way, Suite 2500
Boston, MA 02210

Case Number

No. 10- 1389

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James N. Thivierge,
Plaintiff- Appellant
Versus

Town of Amesbury;
Mayor Kezer; Town Assessor; Town Clerk; Agent of the Library
Defendants - Appellees

To the Honorable Ms. Margaret Carter, Clerk
of United States Court of Appeals For the First Circuit:

In the matter of Case Number 10 - 1389, the Plaintiff- Appellant James

N. Thivierge acting Pro - Se in forma pauperis files a motion to request an extension of time under Rule 26.1 Extending Time, at least till the
first work day in October for two reasons: the response to the

September request under 28 USC 753(f) has not been received to date, as well as the March 12,2008 transcript; and the logistics both physical
and fiscal till the end of the month of September, 2010. I include a

certificate of service to counsel.

nvierge,

Plaintiff-Appellant, case number 10-1389

Dockets.Justia.com

106 Friend Street

Amesbury, MA 01913
September 8,2010

United States District Court
For the First Circuit John Joseph Moakley

1 Courthouse Way, Suite 2500, Boston, MA 02210

District Court Case Number 108-CV-10123-PBS Court of Appeals No. 10 -1389
James N. Thivierge,

Plaintiff- Appellant
Versus

Town of Amesbury:

Mayor Kezer; Town Assessor; Town Clerk; Agent of the Library
Defendants - Appellees

To the Honorable District Court Judge Patti B. Saris
of United States District Court For the First Circuit:

In the matters of the district court case number 108-cv-10123-pbs and, currently, on

appeal to the court of appeals, number 10-1389, the Plaintiff, James N. Thivierge,
now Plaintiff Appellant James N. Thivierge, applied for and received "in forma

pauperis" status in both instances and at both levels. On August 17,2010, the Plaintiff-Appellant requested to review the March 12,2008 hearing transcript, the first hearing held in Boston. The request was granted; however the cost for 26
pages was close to ninety dollars.

Under 28 USC Section 753(f), the Plaintiff-Appellant, acting pro se in forma pauperis, files a motion to request from the court that the expense "be paid by the United States out of money appropriated for that purpose if the trial judge or a circuit judge certifies that the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by the suit or appeal." At the time, the March 12 transcript was not available for review, the Plaintiff-Appellant, James N. Thivierge, believes his review can lead to the presentation of a substantial question
within his case before the court of appeals. I include a certificate of service to counsel.

Respectfully, James N. Thivierge, Plaintiff- Appellant, case number 108-cv-10123-pbs, court of appeals case number 10 - 1389