Gray v. Cash

Filing 63

ORDER signed by Magistrate Judge Edmund F. Brennan on 08/21/18 DENYING 59 Motion to Proceed IFP. The clerk of the court is directed to serve a copy of this order on the U.S. Court of Appeals for the Ninth Circuit, and petitioner is hereby informed that he may file a motion to proceed in forma pauperis in the U.S. Court of Appeals for the Ninth Circuit. (cc: USCA, 9th circuit) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK WAYNE GRAY,

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Petitioner,

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No. 2:13-cv-0564-KJM-EFB P

v.

ORDER

BRENDA M. CASH,

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Respondent.

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Judgment was entered in this action on August 7, 2018. ECF No. 58. On August 20,

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2018, petitioner filed a notice of appeal and an application for leave to proceed in forma pauperis

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on appeal. ECF No. 59. Rule 24(a) of the Federal Rules of Appellate Procedure provides that a

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

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motion in the 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). Petitioner’s motion fails to satisfy all three of the requirements set forth

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in Rule 24(a), and is therefore denied.

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

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pauperis on appeal (ECF No. 59) 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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petitioner 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: August 21, 2018.

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