Reed v. Williams et al

Filing 263

ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/11 DISREGARDING 262 Request for a CJA Voucher Form 22 and a designation form.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD REED,

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Plaintiff,

No. 2: 05-cv-0060 JAM KJN P

vs.
B. WILLIAMS, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On December 20, 2010, judgment was entered after a jury verdict

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for defendants. Plaintiff has appealed to the Ninth Circuit Court of Appeals.

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On May 9, 2011, plaintiff filed a letter with the court stating that this court has

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denied his request for transcripts, and his request for transcripts is pending with the Ninth

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Circuit. Plaintiff then states that Federal Rule of Appellate Procedure 10(e) provides that,

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“Where the appellant is proceeding in forma pauperis, appellant shall prepare a CJA Voucher

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Form 24 and submit the voucher to the district court along with the designation form.” Plaintiff

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then requests that the court send him a CJA Voucher Form 22 along with a designation form.

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Federal Rule of Appellate Procedure 10 does not mention CJA Vouchers.
However, Rule 10-3.2(e) of the Rules of the Ninth Circuit Court of Appeals provides that in
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criminal appeals, where the appellant is proceeding in forma pauperis, the appellant shall prepare

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a CJA Voucher Form 24 and submit the voucher to the district court with the designation form.

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Because plaintiff is not appealing from a criminal action, his request for a CJA Voucher Form 22

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and a designation form is disregarded.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a CJA

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Voucher Form 22 and a designation form is disregarded.

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DATED: May 13, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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