Kocak

Filing 3

ORDER ADOPTING 2 Findings and Recommendation to Deny 1 Motion to Proceed In Forma Pauperis on Appeal to the Ninth Circuit Bankruptcy Appellate Panel, signed by District Judge Anthony W. Ishii on 6/17/2020. CASE CLOSED. (Marrujo, C)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 In re: JOHN IVAN KOCAK, Debtor/Appellant, B.A.P. No. EC-19-1261 Bk. No. 18-11947 7 ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DENY APPELLANT’S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL TO THE NINTH CIRCUIT BANKRUPCTY APPELLATE PANEL 8 9 10 11 12 Case No. 1:20-mc-00026-AWI-SKO (Doc. No. 2) _____________________________________/ 13 14 This matter comes before the Court on Appellant John Ivan Kocak’s (“Appellant”) motion 15 to proceed in forma pauperis on appeal before the United States Bankruptcy Appellate Panel of the 16 Ninth Circuit (“BAP”). (Doc. No. 1.) As the BAP lacks authority to grant or deny a motion to 17 proceed in forma pauperis under 28 U.S.C. § 1915(a), Perroton v. Gray (In re Perroton), 958 F.2d 18 19 889 (9th Cir. 1992); Determan v. Sandoval (In re Sandoval), 186 B.R. 490, 496 (9th Cir. BAP 1995), the BAP transferred Appellant’s motion to proceed in forma pauperis to this Court. 20 21 22 In accordance with 28 U.S.C. § 636 and Local Rule 302, on May 29, 2020, the assigned magistrate judge issued findings and recommendations recommending that Appellant’s motion to 23 proceed in forma pauperis on appeal be denied under 28 U.S.C. § 1915(a)(3) because the appeal is 24 not taken in good faith, relying in part on the bankruptcy court’s certification that the appeal is not 25 taken in good faith. (Doc. No. 2.) The findings and recommendations were mailed to Appellant’s 26 address on the docket and contained notice that any objections were to be filed within fourteen (14) 27 days. (Id.) No objections have been filed. 28 Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo 1 2 review of the case. Having carefully reviewed the entire file, the court finds that the findings and 3 recommendation are supported by the record and proper analysis. 4 ORDER 5 6 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendation dated May 29, 2020 (Doc. No. 2), are 7 ADOPTED IN FULL; 8 9 2. Appellant’s motion to proceed in forma pauperis on appeal (Doc. No. 1) is 10 DENIED; 11 3. This matter is REFERRED BACK to the Ninth Circuit Bankruptcy Appellate 12 Panel; and 13 4. The Clerk is directed to CLOSE this case. 14 15 16 IT IS SO ORDERED. 17 Dated: June 17, 2020 SENIOR DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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