Gangstee et al v. County of Sacramento et al

Filing 62

ORDER denying 59 Motion to Proceed IFP signed by Judge Kimberly J. Mueller on 2/14/12. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEANNA GANGSTEE,
Plain tiff

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vs.
COUNTY OF SACRAMENTO, et al.,
Defendants.

ORDER
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No. CIV S-10-1004 KJM GGH

Plaintiff, who is proceeding with counsel in a civil rights action, 42 U.S.C.

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§ 1983, has timely filed a notice of appeal from the judgment dated January 12, 2012 granting

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the defendants’ motion for summary judgment on claims one through four of plaintiff’s

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complaint. She has also filed a motion to proceed in forma pauperis.

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Rule 24(a)(1) of the Federal Rules of Appellate Procedure provides that a party to

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a district court action who desires to proceed in forma pauperis on appeal must file a motion in

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the district court which:

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(A) shows in the detail prescribed by Form 4 of the Appendix of
Forms the party’s inability to pay or to give security for fees and
costs;

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(B) claims an entitlement to redress; and

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(C) states the issues that the party intends to present on appeal.

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Fed. R. App. P. 24(a)(1). Plaintiff has demonstrated her inability to pay but has not otherwise

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complied with the rule.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion to proceed in

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forma pauperis on appeal (ECF No. 59) is denied without prejudice.

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DATED: February 14, 2012.

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UNITED STATES DISTRICT JUDGE

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