Callender v. Castillo et al

Filing 23

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/6/14 denying 21 Motion to Proceed IFP without prejudice. 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, and plaintiff is hereby informed that he may file a motion to proceed in forma pauperis in the United States Court of Appeals for the Ninth Circuit. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT ANTHONY CALLENDER,

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Plaintiff,

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No. 2:12-cv-1708-GEB-EFB P

v.

ORDER

M. CASTILLO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. Judgment was entered in this action on November 4, 2013. On March 3, 2014,

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plaintiff filed a notice of appeal. On the same day, he filed a request to proceed in forma pauperis

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on appeal. Rule 24(a) of the Federal Rules of Appellate Procedure provides that a party to a

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

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district court which:
(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s

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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’s motion fails to satisfy all three requirements.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request to proceed in forma

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pauperis on appeal (ECF No. 21) is denied without prejudice. The Clerk of the Court is directed

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to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit, and

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plaintiff is hereby informed that he may file a motion to proceed in forma pauperis in the United

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States Court of Appeals for the Ninth Circuit. See Fed. R. App. P. 24(a)(5).

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DATED: March 6, 2014.

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