Polk v. County of Contra Costa

Filing 16

ORDER RE: In Forma Pauperis Status; Briefing Schedule; and Request for Copy of Record on Appeal, re 4 , 10 , 11 , and 14 , signed by District Judge Anthony W. Ishii on 2/12/13. Attorney Jachyn Katura Davis for County of Contra Costa added. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SUSAN MAE POLK,

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Appellant,
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v.
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COUNTY OF CONTRA COSTA,
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Appellee.
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____________________________________ )

CASE NO. 1:12-CV-0290 AWI
BANKRUPTCY CASE NO.
09-14047-A-7
ORDER RE: IN FORMA PAUPERIS
STATUS; BRIEFING SCHEDULE;
AND REQUEST FOR COPY OF
RECORD ON APPEAL
(Docs. 4, 10, 11, and 14)

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Appellant Susan Mae Polk has filed a bankruptcy appeal. The Bankruptcy Court Clerk’s

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Office certified the completion of a record on appeal. Doc. 6. Thereafter, the District Court

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Clerk’s Office issued a briefing schedule. Doc. 7. Appellant is imprisoned in the California state

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penal system, specifically at the California Institution for Women in Corona. As such, she does

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not have access to the record on appeal held by the Bankruptcy Court Clerk’s Office.

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In the underlying bankruptcy case, Appellant has filed an application for waiver of the

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Chapter 7 filing fee. Bankr. Case No. 09-14047, Doc. 6. The application was approved. Bankr.

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Case No. 09-14047, Doc. 11. Appellant has requested that a copy of the entire record on appeal

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be sent to her so that she may compose her brief; she states she is “an indigent prisoner

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proceeding in forma pauperis, and have been at all times in these proceedings and in Bankruptcy

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Court.” Doc. 11. Appellant has not filed for in forma pauperis status in this appeal as she

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appears to assume that the fee waiver she obtained in the bankruptcy court applies. The

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Bankruptcy Clerk’s Office represents that there is no bankruptcy rule that entitles Appellant to a
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free copy of the documents contained in the record on appeal based upon her earlier Chapter 7

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filing fee waiver. In district court, Appellant has filed three civil cases in the Eastern District

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within the past two years: 11-0728, 12-1094, and 12-1156. In all of these cases, she has applied

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for and has been granted in forma pauperis status, most recently on July 18, 2012. Civ. Case No.

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12-1156, Doc. 4. To streamline the proceedings, the court interprets Appellant’s filings in this

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case to constitute an application for in forma pauperis status under 28 U.S.C. § 1915. The court

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takes judicial notice of Appellant’s prior applications and the orders granting those applications

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in the other cases. Accordingly, the court finds Appellant qualifies for in forma pauperis status

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in this appeal. The Bankruptcy Court Clerk’s Office is directed to mail Appellant a copy of all

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documents in the record on appeal under 28 U.S.C. § 1915(c).

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Appellant has requested that the briefing schedule be extended due to her limited access

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to materials in prison. The briefing schedule in this case will be modified. Appellant’s opening

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brief is due on May 1, 2013. Appellee’s opening brief is due thirty (30) days after the filing of

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Appellant’s opening brief in the docket. Appellant’s reply brief is due forty-five (45) days after

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the filing of Appellee’s opening brief in the docket.

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The District Court Clerk’s Office is further directed to add Jachyn K. Davis, Deputy

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County Counsel for the County of Contra Costa, 651 Pine Street 9th Floor, Martinez, CA 94553

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as attorney of record for Appellee County of Contra Costa, as reflected in the initial notice of

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bankruptcy appeal. Doc. 1.

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IT IS SO ORDERED.

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Dated:
0m8i78

February 12, 2013
SENIOR DISTRICT JUDGE

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