Tipaksorn Tungjunyatham v. Mike Johanns

Filing 83

ORDER DENYING Plaintiff's 77 Request to File Appeal In Forma Pauperis, signed by Magistrate Judge Sandra M. Snyder on 5/26/2011. (Filing Fee or New Motion for IFP due by 6/10/2011) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TIPAKSORN TUNGJUNYATHAM,

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CASE NO. 1:06-cv-01764-SMS

Plaintiff,
ORDER DENYING PLAINTIFF’S REQUEST
TO FILE APPEAL IN FORMA PAUPERIS

v.
MIKE JOHANNS, Secretary of the United
States Department of Agriculture,

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(Doc. 77)
Defendant.

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Plaintiff has requested waiver of the filing fee for an appeal of the above-captioned case.
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Pursuant to F.R.A.P. 24(a), a party to a district court action who desires to appeal in forma pauperis
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must file a motion in the district court. With his or her motion, the party must attach an affidavit that
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(1) shows in the detail prescribed by Form 41 of the Appendix of Forms the party’s inability to pay

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the filing fee or to give security for fees and cost; (2) claims an entitlement to redress; and (3) states
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the issues that the party intends to present on appeal.
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Plaintiff’s request for in forma pauperis status fails to comply with the requirements of Rule
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24. Not only does Plaintiff’s statement of indigence fail to provide the detailed financial disclosure
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required by Form 4, she completely omits a claim of entitlement to redress or a listing of her issues
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on appeal.
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Form 4 is available in the appendix to the Federal Rules of Appellate Procedure and from the website of
the United States Court of Appeals for the Ninth Circuit.

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Accordingly, the Court DENIES Plaintiff’s request to proceed in forma pauperis.

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Plaintiff is hereby directed to submit on or before June 10, 2011, either the full

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amount of the filing fee or a new motion to proceed in forma pauperis including

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Form 4 as an exhibit.

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2.

In the event that Plaintiff fails to pay the fee or submit a new motion by June 10,

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2011, this Court shall recommend dismissal of Plaintiff’s appeal for failure to comply

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with a court order.

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3.

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In compliance with F.R.A.P. 24(a)(4), the Clerk of Court is directed to notify the
United States Court of Appeals for the Ninth Circuit of this order.

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IT IS SO ORDERED.

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Dated:
icido3

May 26, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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