Duran v. Commissioner of Social Security

Filing 25

ORDER REQUIRING Plaintiff to File Affidavit for Leave to Proceed on Appeal without Prepayment of Fees signed by Magistrate Judge Stanley A. Boone on 4/20/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH MARCOS DURAN, Plaintiff, 12 14 ORDER REQUIRING PLAINTIFF TO FILE AFFIDAVIT FOR LEAVE TO PROCEED ON APPEAL WITHOUT PREPAYMENT OF FEES v. 13 Case No. 1:16-cv-00347-SAB COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 18 On April 7, 2017, an order issued denying Plaintiff Joseph Marcos Duran’s appeal from 19 the final decision of the Commissioner of Social Security and judgment was entered in favor of 20 the Commissioner of Social Security and against Plaintiff. (ECF Nos. 19, 20.) Plaintiff filed a 21 notice of appeal and a motion to proceed in forma pauperis on April 19, 2017. (ECF Nos. 21, 22 23.) 23 Pursuant to Rule 24 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.” 25 Fed. R. App. P. 24(a). “The party must attach an affidavit that: (A) shows in the detail 26 prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give security for 27 fees and costs; (B) claims an entitlement to redress; and (C) states the issues that the party 28 intends to present on appeal.” Plaintiff’s application to proceed in forma pauperis on appeal does 1 1 not comply with the requirements of Rule 24. Accordingly, IT IS HEREBY ORDERED that within ten (10) days of the date of service 2 3 of this order, Plaintiff shall file an affidavit that complies with Rule 24 of the Federal Rules of 4 Appellate Procedure. 5 6 IT IS SO ORDERED. 7 Dated: April 20, 2017 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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