Thornton v. UPS, Inc.

Filing 55

ORDER granting 54 plaintiff's Motion for Leave to Appeal in forma pauperis. Signed by Honorable Barry A. Bryant on February 20, 2014. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION BRIAN THORNTON v. PLAINTIFF Case No. 6:12-cv-06044 UPS, INC. DEFENDANT ORDER Before the Court is Plaintiff’s Motion to Appeal in Forma Pauperis. ECF No. 54. With this Motion, Plaintiff seeks to appeal this action in forma pauperis. Id. When the original action was filed, Plaintiff did not request in forma pauperis status. ECF No. 1. Accordingly, Federal Rule of Appellate Procedure 24(a)(1) applies to this Motion. Rule 24(a)(1) requires Plaintiff to attach an affidavit which: “(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues that the party intends to present on appeal.” With this Motion, Plaintiff has complied with Rule 24(a)(1) and has completed Form 4 of the Appendix of Forms and attached it to his Motion. Further, based upon the representations Plaintiff has made on Form 4, the Court finds Plaintiff is unable to pay the costs associated with appealing this action. Accordingly, Plaintiff’s Motion to Appeal in Forma Puaperis (ECF No. 54) is GRANTED. SIGNED this 20th day of February 2014. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE -1-

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