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)

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

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