Ortiz et al v. Alvarez et al

Filing 181

ORDER for Plaintiff Alfonso Padron to Submit Affidavit Pursuant to Rule 4 of the Federal Rules of Appellate Procedure signed by Magistrate Judge Erica P. Grosjean on 10/24/2018. Fourteen-Day Deadline. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SANDRA ORTIZ, et al., 11 12 Case No. 1:15-cv-00535-DAD-EPG Plaintiffs, ORDER FOR PLAINTIFF ALFONSO PADRON TO SUBMIT AFFIDAVIT PURSUANT TO RULE 4 OF THE FEDERAL RULES OF APPELLATE PROCEDURE v. 13 14 GERARDO ALVAREZ, et al., 15 Defendants. (ECF No. 172) FOURTEEN (14) DAY DEADLINE 16 17 On October 22, 2018, Plaintiffs Alfonso Padron and Elida Padron, proceeding pro se, filed 18 a notice of appeal to the United States Court of Appeals for the Ninth Circuit for review of this 19 court’s order, (ECF No. 168), awarding summary judgment to Defendants Gerardo Alvarez and 20 Youth Centers of America on Plaintiffs’ claims for intentional infliction of emotional distress, First 21 Amendment retaliation, and wrongful termination. (ECF No. 173.) Plaintiff Alfonso Padron also 22 filed an application to proceed in forma pauperis on appeal. (ECF No. 172). 23 Pursuant to Rule 24(a)(1) of the Federal Rules of Appellate Procedure, “a party to a district- 24 court action who desires to appeal in forma pauperis must file a motion in the district court. The 25 party must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of the Appendix 26 of Forms the party’s inability to pay or to give security for fees and costs; (B) claims an entitlement 27 to redress; and (C) states the issues that the party intends to present on appeal.” Fed. R. App. P. 28 1 1 24(a)(1). 2 The Court finds that the application to proceed in forma pauperis satisfies Federal Rule of 3 Civil Procedure 24(a)(1)(A). However, Alfonso Padron has failed to provide an affidavit that 4 claims he is entitled to redress and that states the issues he intends to present on appeal. 5 Accordingly, IT IS HEREBY ORDERED that: 1. Within fourteen days from the date of service of this order, Alfonso Padron must 6 7 submit an affidavit that claims an entitlement to redress and states the issues he 8 intends to present on appeal; 2. The Clerk of Court is directed to serve a copy of this order on the Ninth Circuit 9 Court of Appeals; and 10 3. If Plaintiff fails to comply with this order, the Court will deny his application to 11 proceed in forma pauperis on appeal. 12 13 IT IS SO ORDERED. 14 15 16 Dated: October 24, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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