Perrie v. Perrie

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/6/16 DENYING WITHOUT PREJUDICE 29 Motion to Proceed IFP. 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 she may file a motion to proceed in forma pauperis in the United States Court of Appeals for the Ninth Circuit. See Fed. R. App. P. 24(a)(5). (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SALLIE PERRIE,

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No. 2:14-cv-1872-TLN-EFB
Plaintiff,

v.

ORDER

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KENNETH ALLAN PERRIE,

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Defendants.

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On March 21, 2016, the court dismissed plaintiff’s first amended complaint without leave

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to amend and entered judgment accordingly. ECF Nos. 25, 26. On April 18, 2016, plaintiff filed

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a notice of appeal. ECF No. 27. On May 4, 2016, plaintiff filed a request to proceed in forma

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pauperis on appeal. ECF No. 29.

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

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

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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;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on appeal.

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Fed. R. App. P. 24(a)(1). Plaintiff submitted a declaration which demonstrates her inability to
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pay or to give security for fees and costs. She did not, however, claim entitlement to redress or

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describe the issues she intends to present on appeal.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s May 4, 2016 request to proceed

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in forma pauperis on appeal, ECF No. 29, is denied without prejudice. The Clerk of the Court is

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

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and plaintiff is hereby informed that she may file a motion to proceed in forma pauperis in the

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

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DATED: May 6, 2016.

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