Flores, et al., Salven

Filing 3

ORDER Granting Appellants' 1 Applications to Proceed In Forma Pauperis in Bankruptcy Appeal; ORDER Transferring Matter Back to Bankruptcy Court; ORDER Directing the Clerk to Serve this Order on Appellants by Mail and to Serve the Parties and Bankruptcy Appellate Panel signed by Magistrate Judge Barbara A. McAuliffe on 02/24/2012. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRESNO, CALIFORNIA
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CONNIE FLORES and JOE FLORES,

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Plaintiffs,
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v.
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JAMES SALVEN, Chapter 7 Trustee,
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Defendant.

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1: 12-mc-0005-AWI-BAM
ORDER GRANTING APPELLANTS’
APPLICATIONS TO PROCEED IN FORMA
PAUPERIS IN BANKRUPTCY APPEAL
ORDER TRANSFERRING MATTER BACK
TO BANKRUPTCY COURT
ORDER DIRECTING THE CLERK TO SERVE
THIS ORDER ON APPELLANTS BY MAIL
AND TO SERVE THE PARTIES AND
BANKRUPTCY APPELLATE PANEL

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Connie Flores and Joe Flores (“Appellants”) filed appeals in the United States

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Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”), which bear case numbers EC-11-

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1597 and EC-11-1598, respectively. (Doc. 1.) Pending before this Court are the Appellants’

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applications to proceed in forma pauperis, which were referred to this Court1 by order of

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Bankruptcy Judges Jury and Dunn, filed January 27, 2011. (Doc. 1, Exh. 1 and Exh. 2.) The

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matter was referred to United States Magistrate Judge Barbara A. McAuliffe pursuant to 28

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U.S.C. § 636(b) and Local Rule 302.

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1
The BAP has no authority to grant in forma pauperis motions under 28 U.S.C. § 1915(a) because
bankruptcy courts are not “court[s] of the United States” as defined in 28 U.S.C. § 451. See Perroton v. Gray, 958
F.2d 889 (9th Cir. 1992); Determan v. Sandoval, 186 B.R. 490, 496 (9th Cir. BAP 1995). However, the district court
has authority to allow a person to file an appeal without prepayment of the filing fee. See 28 U.S.C. § 1915(a).

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The Court has reviewed the applications submitted by Appellants. Each Appellant has

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made the showing required by 28 U.S.C. § 1915(a). Accordingly, the request by Appellant

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Connie Flores and the request by Appellant Joe Flores to proceed in forma pauperis will be

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granted.

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Further, this matter was transferred to this Court for the sole and limited purpose of ruling

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on the motion to proceed in forma pauperis (Doc. 1), and this Court has performed the purpose

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of the transfer. Therefore, the Court will order the matter transferred to the BAP.

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Accordingly, it is ORDERED that

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1.

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GRANTED;
2.

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The application by Appellant Joe Flores to proceed in forma pauperis is
GRANTED;

3.

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The application by Appellant Connie Flores to proceed in forma pauperis is

This matter is TRANSFERRED back to the United States Bankruptcy Appellate
Panel of the Ninth Circuit; and

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The Clerk is DIRECTED to serve this order by mail upon Appellants Connie

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Flores and Joe Flores at P.O. Box 3086, Visalia, California 93278, and to make

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appropriate service upon the other parties and the United States Bankruptcy

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Appellate Panel of the Ninth Circuit.

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The clerk of the Court is directed to close this action.

IT IS SO ORDERED.
Dated:
10c20k

February 24, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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