Stoller v. Bank of New York Mellon Trust Co et al

Filing 27

ORDER granting 21 Plaintiff's Motion for Leave to Appeal in forma pauperis. Signed by Judge G Murray Snow on 1/13/12.(DMT)

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1 WO SC 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Christopher Stoller, 9 10 11 12 13 14 ) ) Plaintiff, ) ) ) vs. ) ) Bank of New York Mellon Trust Co., et) al., ) ) Defendants. ) ) No. CV 11-2454-PHX-GMS (JFM) ORDER 15 Plaintiff Christopher Stoller, who is incarcerated in the Dixon Correctional Center in 16 Dixon, Illinois, commenced this action in the Central District of Illinois.1 That Court 17 transferred the action to this District based on venue. (Doc. 1, 2.) In an Order filed on 18 January 3, 2012, the Court denied Plaintiff’s motion to proceed in forma pauperis and a 19 motion for a temporary restraining order. (Doc. 16.) Additionally, the Court ordered 20 Plaintiff to show cause within 30 days why this action should not be dismissed based on his 21 lack of the capacity to commence this action and, if he did so, to either pay the filing fee or 22 file a completed Application to Proceed In Forma Pauperis (Non-Habeas) on this District’s 23 24 1 25 26 27 28 Plaintiff is a “prisoner” within the meaning of the Prison Litigation Reform Act (PLRA) because he was a prisoner at the time he commenced this action. That is, Plaintiff was a “person incarcerated or detained in any facility” who had been convicted and sentenced for violations of criminal law. 28 U.S.C. § 1915(h); 42 U.S.C. § 1997e(h). As a consequence, this case is subject to requirements under the PLRA and this action is subject to screening by the Court. 28 U.S.C. § 1915A. 1 approved form. (Id.) Because it appears that Plaintiff lacked the capacity to commence this 2 action and he had not filed an application to proceed in forma pauperis on this District’s 3 approved form for use by prisoners, the Court denied his motion for injunctive relief. 4 Plaintiff has filed a notice of interlocutory appeal and a motion for leave to proceed in forma 5 pauperis on appeal. (Doc. 19, 21.) The Court will grant his motion to proceed in forma 6 pauperis on appeal. 7 8 9 IT IS ORDERED that Plaintiff’s motion for leave to appeal in forma pauperis is granted. (Doc. 21.) DATED this 13th day of January, 2012. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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