Giha v. Lynch
Filing
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ORDER GRANTING 69 Motion to Proceed IFP ON APPEAL, signed by Magistrate Judge Erica P. Grosjean on 10/24/18. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CALEB FARES GIHA,
Case No. 1:16-cv-00893-EPG
Petitioner,
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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS ON
APPEAL
v.
JEFFERSON B. SESSIONS III,
U.S. ATTORNEY GENERAL,
(ECF No. 69)
Respondent.
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On October 22, 2018, Caleb Fares Giha (“Petitioner”) filed a notice of appeal to the
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United States Court of Appeals for the Ninth Circuit for review of a final judgment, (ECF Nos.
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66, 67), in favor of Respondent, the United States Attorney General. (ECF No. 68.) Petitioner
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also filed an application to proceed in forma pauperis on appeal. (ECF No. 69).
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Pursuant to 28 U.S.C. § 1915, a court may authorize the appeal of a civil action without
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prepayment of any fees by a party who submits an affidavit demonstrating that such party is unable
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to pay the fees or give security therefor. 28 U.S.C. § 1915(a)(1). In turn, Rule 24(a)(1) of the Federal
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Rules of Appellate Procedure provides that “a party to a district-court action who desires to appeal
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in forma pauperis must file a motion in the district court. The party must attach an affidavit that:
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(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay
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or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues
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that the party intends to present on appeal.” Fed. R. App. P. 24(a)(1).
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Petitioner has made the necessary showing under 28 U.S.C. § 1915, and has submitted the
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information required under Rule 24. Accordingly, Petitioner’s motion to proceed in forma pauperis
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on appeal is granted.
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The Clerk of the Court is directed to serve a copy of this order on the United States Court
of Appeals for the Ninth Circuit.
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IT IS SO ORDERED.
Dated:
October 24, 2018
/s/
UNITED STATES MAGISTRATE JUDGE
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