Jones-Rankins v. Cardinal Health Incorporated

Filing 90

ORDER denying Plaintiff's 88 Motion for Leave to Appeal in forma pauperis. Signed by Judge Frederick J Martone on 1/20/12.(REW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Weltha J. Jones-Rankins, Plaintiff, 10 11 vs. 12 Cardinal Health Inc., 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) CV 10-01626-PHX-FJM ORDER 15 16 At the commencement of this Title VII action in August 2010, we denied plaintiff's 17 motion for leave to proceed in forma pauperis, stating that her affidavit did not support in 18 forma pauperis status (doc. 7). We recently granted summary judgment in favor of 19 defendant (doc. 81) and denied plaintiff's motion for reconsideration (doc. 83). On January 20 20, 2012, Plaintiff filed her notice of appeal to the Ninth Circuit (doc. 87). The court now 21 has before it plaintiff's motion to proceed in forma pauperis on appeal (doc. 88). 22 Rule 24(a)(1) of the Federal Rules of Appellate Procedure requires a party seeking to 23 proceed in forma pauperis on appeal to file a motion in district court, attaching an affidavit 24 that: "(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party's 25 inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and 26 (C) states the issues that the party intends to present on appeal." Plaintiff has not complied 27 with Rule 24(a)(1)(C), because she failed to state the issues she intends to raise on appeal. 28 In addition, a review of plaintiff's affidavit does not support in forma pauperis status. 1 Indeed, compared to the affidavit plaintiff submitted in 2010, plaintiff has reduced her 2 expenses. 3 4 5 6 7 IT IS ORDERED DENYING plaintiff's motion to proceed in forma pauperis on appeal (doc. 88). The Clerk is directed to serve a copy of this order on the Ninth Circuit Court of Appeals pursuant to Rule 24(a)(4), Federal Rules of Appellate Procedure. DATED this 20th day of January, 2012. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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