York v. Beard et al

Filing 53

ORDER GRANTING Plaintiff 52 Leave to Proceed IFP on Appeal, signed by Magistrate Judge Gary S. Austin on 4/28/17. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD RAY YORK, 12 Plaintiff, 13 14 1:14-cv-01234-LJO-GSA-PC Appeal case no. 17-15090 ORDER GRANTING PLAINTIFF LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL vs. JEFFREY BEARD, et al., 15 Defendants. (ECF Nos. 48, 50, 52.) 16 17 18 19 I. BACKGROUND 20 Reginald Ray York (“Plaintiff”) is a state prisoner proceeding pro se with this civil 21 rights action pursuant to 42 U.S.C. § 1983. On September 14, 2019, Plaintiff paid the $400.00 22 filing fee for this action in full. (Court Record.) On June 8, 2016, this case was dismissed with 23 prejudice for lack of standing, and judgment was entered, closing this case. (ECF Nos. 35, 36.) 24 On January 17, 2017, Plaintiff filed a notice of appeal to the Ninth Circuit Court of 25 Appeals, case number 17-15090. (ECF No. 45.) On February 6, 2017, Plaintiff filed a 26 handwritten motion for leave to proceed in forma pauperis on appeal, together with a certified 27 copy of his prison trust account statement showing activity from 8/1/16 to 1/25/17. (ECF No. 28 48.) 1 1 II. PROCEEDING IN FORMA PAUPERIS ON APPEAL – RULE 24 2 Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party to a district- 3 court action who desires to appeal in forma pauperis must file a motion in the district court. 4 The party must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of the 5 Appendix of Forms the party’s inability to pay or to give security for fees and costs; (B) claims 6 an entitlement to redress; and (C) states the issues that the party intends to present on appeal. 7 Fed. R. App. P. 24(a)(1). 8 The court found that Plaintiff’s February 6, 2017, motion for leave to proceed in forma 9 pauperis was deficient, and issued an order on March 15, 2017, requiring Plaintiff to use the 10 court’s form application and to provide additional information. (ECF No. 49.) On March 30, 11 2017, Plaintiff filed an application to proceed in forma pauperis on the court’s form. (ECF No. 12 50.) However, the court found this application to be deficient and on April 13, 2017, issued 13 another order requiring Plaintiff to provide additional information. (ECF No. 51.) On April 14 27, 2017, Plaintiff filed another application to proceed in forma pauperis. (ECF No. 52.) 15 Plaintiff has now provided all of the required information and has made a detailed 16 showing, as required by Rule 24, that he is unable to pay for his appeal. Therefore, Plaintiff’s 17 motion to proceed in forma pauperis on appeal shall be granted. 18 III. CONCLUSION 19 Based on the foregoing, IT IS HEREBY ORDERED that: 20 1. Plaintiff is authorized to proceed in forma pauperis on appeal; and 21 2. The Clerk is directed to serve a copy of this order on the Ninth Circuit Court of 22 Appeals. 23 24 25 26 IT IS SO ORDERED. Dated: April 28, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 27 28 2

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