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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Weltha J. Jones-Rankins,
Plaintiff,

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vs.

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Cardinal Health Inc.,
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Defendant.
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CV 10-01626-PHX-FJM
ORDER

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At the commencement of this Title VII action in August 2010, we denied plaintiff's

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motion for leave to proceed in forma pauperis, stating that her affidavit did not support in

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forma pauperis status (doc. 7). We recently granted summary judgment in favor of

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defendant (doc. 81) and denied plaintiff's motion for reconsideration (doc. 83). On January

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20, 2012, Plaintiff filed her notice of appeal to the Ninth Circuit (doc. 87). The court now

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has before it plaintiff's motion to proceed in forma pauperis on appeal (doc. 88).

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Rule 24(a)(1) of the Federal Rules of Appellate Procedure requires a party seeking to

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proceed in forma pauperis on appeal to file a motion in district court, attaching an affidavit

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that: "(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party's

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inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and

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(C) states the issues that the party intends to present on appeal." Plaintiff has not complied

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with Rule 24(a)(1)(C), because she failed to state the issues she intends to raise on appeal.

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In addition, a review of plaintiff's affidavit does not support in forma pauperis status.

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Indeed, compared to the affidavit plaintiff submitted in 2010, plaintiff has reduced her

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expenses.

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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.

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