Fisher v. Mesa, City of et al

Filing 15

ORDER granting 12 plaintiff's Motion for Leave to Appeal in forma pauperis. Signed by Judge Frederick J Martone on 7/30/12.(LSP)

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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 10 11 12 13 14 15 16 17 18 19 ) ) ) Plaintiff, ) ) vs. ) ) City of Mesa; Sgt. Campbell, individually) and acting on behalf of Mesa Police Dept.;) Jane Doe Campbell; Sgt. Birnbaum,) individually and acting on behalf of Mesa) Police Dept.; Jane Doe Birnbaum; Officer) Gomez, individually and acting on behalf) of Mesa Police Dept.; Jane Doe Gomez;) Officer Calkins, individually and acting on) behalf of Mesa Police Dept.; Jane Doe) ) Calkins, ) ) Defendants. ) ) Laquinn Fisher, CV 12-00756-PHX-FJM ORDER 20 The court has before it plaintiff's motion for permission to appeal in forma pauperis 21 (doc. 12). We granted defendants' motion to dismiss on July 13, 2012 (doc. 8), and judgment 22 was entered the same day (doc. 9). Plaintiff filed his notice of appeal on July 27, 2012 (doc. 23 11). 24 Rule 24(a)(1) of the Federal Rules of Appellate Procedure requires a party seeking to 25 proceed in forma pauperis on appeal to file a motion in district court, attaching an affidavit 26 that: "(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party's 27 inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and 28 1 (C) states the issues that the party intends to present on appeal." Plaintiff has complied with 2 these requirements. And although he states that he has no monthly expenses, he also states 3 that he has no income and has a minor child relying on him for support. Plaintiff has made 4 a sufficient showing that he cannot pay the fees and costs of his appeal. 5 6 7 Accordingly, IT IS ORDERED GRANTING plaintiff's motion to appeal in forma pauperis (doc. 12). DATED this 30th day of July, 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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