In re: Disciplinary Proceedings of Bruce M Greenfield

Filing 7

AMENDED MINUTES (IN CHAMBERS) ORDER DENYING Motion to Proceed With Appeal "In Forma Pauperis" and Motion: to "Stay" The Briefing Schedule [Filed 1/22/13; Docket No. 3] by Judge John F. Walter: In this case, Appellant does not appe ar to have filed Form A-18 developed by the Central District for any party requesting leave to appeal in forma pauperis. In addition, Appellant has not filed a declaration signed under penalty of perjury providing the information required by 28 USC section 1915. Accordingly, Appellant's Motion is DENIED. (Made JS-6. Case Terminated.) (jp)

Case 2:13-cv-00425-JFW Document 6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

"AMENDED" CIVIL MINUTES -- GENERAL
Case No.

CV 13-425-JFW

Title:

In re: Disciplinary Proceedings of Bruce M. Greenfield
Bruce M. Greenfield -v- United States Trustee of Los Angeles

Date: January 28, 2013

PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
Shannon Reilly
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

ORDER DENYING MOTION TO PROCEED WITH
APPEAL “IN FORMA PAUPERIS” AND MOTION: TO
“STAY” THE BRIEFING SCHEDULE [filed 1/22/13;
Docket No. 3];

On January 22, 2013, Appellant Bruce M. Greenfield (“Appellant”) filed a Motion to Proceed
with Appeal “in Forma Pauperis” and Motion: to “Stay” the Briefing Schedule (“Motion”). Pursuant
to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this
matter is appropriate for decision without oral argument. After considering the moving papers, and
the arguments therein, the Court rules as follows:
Appellant, who is appearing pro se, has appealed an order entered by the Bankruptcy Court
denying his motion to vacate the default entered against him in a disciplinary proceeding to the
United States Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”). Because BAP may not
consider a request to proceed in forma pauperis, Appellant’s Motion was transferred to this Court
for the limited purpose of considering his request to proceed in forma pauperis.1
To qualify to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, a party must submit
"an affidavit that includes a statement of all assets" possessed by the party. In addition, an appeal
"may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good
1

Appellant’s Motion was originally filed on January 15, 2013 before BAP. On January 17,
2013, BAP issued an Order transferring Appellant’s Motion to this Court for the limited purpose of
ruling on Appellant’s request to proceed in forma pauperis. In the January 17, 2013 Order, BAP
stated that it would issue a separate order regarding Appellant’s request to stay the briefing
schedule. Therefore, this Order will address only Appellant’s request to proceed in forma pauperis.
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Case 2:13-cv-00425-JFW Document 6

Filed 01/28/13 Page 2 of 2 Page ID #:56

faith." 28 U.S.C. § 1915(a)(3).
In this case, Appellant does not appear to have filed Form A-18 developed by the Central
District for any party requesting leave to appeal in forma pauperis. In addition, Appellant has not
filed a declaration signed under penalty of perjury providing the information required by 28 U.S.C. §
1915. Accordingly, Appellant’s Motion is DENIED.
IT IS SO ORDERED.

BCC: US Bankruptcy

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