Williams v. Hill et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRETT LEE WILLIAMS,
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Case No. 1:16-cv-00540-LJO-EPG (PC)
Appellate Case No. 17-16261
Plaintiff,
v.
T.E. HILL, et al.,
Defendants.
ORDER FOR PLAINTIFF TO SUBMIT
AFFIDAVIT PURSUANT TO RULE 4
OF THE FEDERAL RULES OF
APPELLATE PROCEDURE
(ECF No. 16)
TWENTY-ONE DAY DEADLINE
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Brett Lee Williams (“Plaintiff”) is a state prisoner proceeding pro se with this civil
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rights action pursuant to 42 U.S.C. § 1983. On April 18, 2016, Plaintiff paid the $400.00 filing
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fee for this action. On April 26, 2017, Plaintiff’s First Amended Complaint was dismissed,
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with leave to amend. (ECF No. 10). On June 16, 2017, Plaintiff filed a notice of appeal to the
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Ninth Circuit Court of Appeals. (ECF No. 15). The appeal was given the case number 17-
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16261. (ECF No. 18). On June 16, 2017, Plaintiff also filed an application to proceed in forma
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pauperis on appeal, along with a certified copy of his prison trust account statement showing
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activity from December 8, 2016, to June 8, 2017. (ECF No. 16).
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Pursuant to Rule 24(a)(1) of the Federal Rules of Appellate Procedure, “a party to a
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district-court action who desires to appeal in forma pauperis must file a motion in the district
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court. The party must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of
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the Appendix of Forms the party’s inability to pay or to give security for fees and costs; (B)
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claims an entitlement to redress; and (C) states the issues that the party intends to present on
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appeal.” Fed. R. App. P. 24(a)(1).
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While Plaintiff did not file a completed Form 4 of the Appendix of Forms, the Court
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finds that the application to proceed in forma pauperis that Plaintiff submitted satisfies Federal
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Rule of Civil Procedure 24(a)(1)(A). However, Plaintiff has not submitted an affidavit1 that
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claims he is entitled to redress or that states the issues that Plaintiff intends to present on
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appeal.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Within twenty-one days from the date of service of this order, Plaintiff must
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submit an affidavit that claims an entitlement to redress and that states the issues
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that Plaintiff intends to present on appeal;
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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:
June 20, 2017
/s/
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UNITED STATES MAGISTRATE JUDGE
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A properly prepared declaration is admissible in federal court with the same effect as an
affidavit. 28 U.S.C. § 1746.
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