Giha v. Lynch

Filing 71

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CALEB FARES GIHA, Case No. 1:16-cv-00893-EPG Petitioner, 11 12 13 14 15 ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL v. JEFFERSON B. SESSIONS III, U.S. ATTORNEY GENERAL, (ECF No. 69) Respondent. 16 17 On October 22, 2018, Caleb Fares Giha (“Petitioner”) filed a notice of appeal to the 18 United States Court of Appeals for the Ninth Circuit for review of a final judgment, (ECF Nos. 19 66, 67), in favor of Respondent, the United States Attorney General. (ECF No. 68.) Petitioner 20 also filed an application to proceed in forma pauperis on appeal. (ECF No. 69). 21 Pursuant to 28 U.S.C. § 1915, a court may authorize the appeal of a civil action without 22 prepayment of any fees by a party who submits an affidavit demonstrating that such party is unable 23 to pay the fees or give security therefor. 28 U.S.C. § 1915(a)(1). In turn, Rule 24(a)(1) of the Federal 24 Rules of Appellate Procedure provides that “a party to a district-court action who desires to appeal 25 in forma pauperis must file a motion in the district court. The party must attach an affidavit that: 26 (A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay 27 or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues 28 1 1 that the party intends to present on appeal.” Fed. R. App. P. 24(a)(1). 2 Petitioner has made the necessary showing under 28 U.S.C. § 1915, and has submitted the 3 information required under Rule 24. Accordingly, Petitioner’s motion to proceed in forma pauperis 4 on appeal is granted. 5 6 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. 7 8 9 10 IT IS SO ORDERED. Dated: October 24, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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