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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDRA ORTIZ, et al.,

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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.

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GERARDO ALVAREZ, et al.,

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Defendants.

(ECF No. 172)
FOURTEEN (14) DAY DEADLINE

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On October 22, 2018, Plaintiffs Alfonso Padron and Elida Padron, proceeding pro se, filed

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a notice of appeal to the United States Court of Appeals for the Ninth Circuit for review of this

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court’s order, (ECF No. 168), awarding summary judgment to Defendants Gerardo Alvarez and

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Youth Centers of America on Plaintiffs’ claims for intentional infliction of emotional distress, First

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Amendment retaliation, and wrongful termination. (ECF No. 173.) Plaintiff Alfonso Padron also

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filed an application to proceed in forma pauperis on appeal. (ECF No. 172).

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Pursuant to Rule 24(a)(1) 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. The

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

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

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to redress; and (C) states the issues that the party intends to present on appeal.” Fed. R. App. P.

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24(a)(1).

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The Court finds that the application to proceed in forma pauperis satisfies Federal Rule of

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Civil Procedure 24(a)(1)(A). However, Alfonso Padron has failed to provide an affidavit that

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claims he is entitled to redress and that states the issues he intends to present on appeal.

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Accordingly, IT IS HEREBY ORDERED that:
1. Within fourteen days from the date of service of this order, Alfonso Padron must

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submit an affidavit that claims an entitlement to redress and states the issues he

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intends to present on appeal;
2. The Clerk of Court is directed to serve a copy of this order on the Ninth Circuit

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Court of Appeals; and

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3. If Plaintiff fails to comply with this order, the Court will deny his application to

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proceed in forma pauperis on appeal.

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IT IS SO ORDERED.
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Dated:

October 24, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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