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