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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,

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Plaintiff,

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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.,

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Defendants.

(ECF Nos. 48, 50, 52.)

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I.

BACKGROUND

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Reginald Ray York (“Plaintiff”) is a state prisoner proceeding pro se with this civil

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rights action pursuant to 42 U.S.C. § 1983. On September 14, 2019, Plaintiff paid the $400.00

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filing fee for this action in full. (Court Record.) On June 8, 2016, this case was dismissed with

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prejudice for lack of standing, and judgment was entered, closing this case. (ECF Nos. 35, 36.)

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On January 17, 2017, Plaintiff filed a notice of appeal to the Ninth Circuit Court of

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Appeals, case number 17-15090. (ECF No. 45.) On February 6, 2017, Plaintiff filed a

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handwritten motion for leave to proceed in forma pauperis on appeal, together with a certified

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copy of his prison trust account statement showing activity from 8/1/16 to 1/25/17. (ECF No.

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48.)
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II.

PROCEEDING IN FORMA PAUPERIS ON APPEAL – RULE 24

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Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party to a district-

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court action who desires to appeal in forma pauperis must file a motion in the district court.

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The party must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of the

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Appendix of Forms the party’s inability to pay or to give security for fees and costs; (B) claims

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an entitlement to redress; and (C) states the issues that the party intends to present on appeal.

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Fed. R. App. P. 24(a)(1).

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The court found that Plaintiff’s February 6, 2017, motion for leave to proceed in forma

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pauperis was deficient, and issued an order on March 15, 2017, requiring Plaintiff to use the

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court’s form application and to provide additional information. (ECF No. 49.) On March 30,

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2017, Plaintiff filed an application to proceed in forma pauperis on the court’s form. (ECF No.

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50.) However, the court found this application to be deficient and on April 13, 2017, issued

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another order requiring Plaintiff to provide additional information. (ECF No. 51.) On April

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27, 2017, Plaintiff filed another application to proceed in forma pauperis. (ECF No. 52.)

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Plaintiff has now provided all of the required information and has made a detailed

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showing, as required by Rule 24, that he is unable to pay for his appeal. Therefore, Plaintiff’s

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motion to proceed in forma pauperis on appeal shall be granted.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Plaintiff is authorized to proceed in forma pauperis on appeal; and

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2.

The Clerk is directed to serve a copy of this order on the Ninth Circuit Court of

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Appeals.

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IT IS SO ORDERED.
Dated:

April 28, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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