Williams v. Hill et al
ORDER for Plaintiff to SUBMIT Affidavit Pursuant to Rule 4 of the Federal Rules of Appellate Procedure; Twenty-One Day Deadline signed by Magistrate Judge Erica P. Grosjean on 6/20/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BRETT LEE WILLIAMS,
Case No. 1:16-cv-00540-LJO-EPG (PC)
Appellate Case No. 17-16261
T.E. HILL, et al.,
ORDER FOR PLAINTIFF TO SUBMIT
AFFIDAVIT PURSUANT TO RULE 4
OF THE FEDERAL RULES OF
(ECF No. 16)
TWENTY-ONE DAY DEADLINE
Brett Lee Williams (“Plaintiff”) is a state prisoner proceeding pro se with this civil
rights action pursuant to 42 U.S.C. § 1983. On April 18, 2016, Plaintiff paid the $400.00 filing
fee for this action. On April 26, 2017, Plaintiff’s First Amended Complaint was dismissed,
with leave to amend. (ECF No. 10). On June 16, 2017, Plaintiff filed a notice of appeal to the
Ninth Circuit Court of Appeals. (ECF No. 15). The appeal was given the case number 17-
16261. (ECF No. 18). On June 16, 2017, Plaintiff also filed an application to proceed in forma
pauperis on appeal, along with a certified copy of his prison trust account statement showing
activity from December 8, 2016, to June 8, 2017. (ECF No. 16).
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. 24(a)(1).
While Plaintiff did not file a completed Form 4 of the Appendix of Forms, the Court
finds that the application to proceed in forma pauperis that Plaintiff submitted satisfies Federal
Rule of Civil Procedure 24(a)(1)(A). However, Plaintiff has not submitted an affidavit1 that
claims he is entitled to redress or that states the issues that Plaintiff intends to present on
Accordingly, IT IS HEREBY ORDERED that:
1. Within twenty-one days from the date of service of this order, Plaintiff must
submit an affidavit that claims an entitlement to redress and that states the issues
that Plaintiff 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.
June 20, 2017
UNITED STATES MAGISTRATE JUDGE
A properly prepared declaration is admissible in federal court with the same effect as an
affidavit. 28 U.S.C. § 1746.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?