Williams v. Hill et al

Filing 19

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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