Hutchinson v. California Department of Corrections and Rehabilitation, et al.

Filing 55

ORDER signed by Magistrate Judge Edmund F. Brennan on 06/20/17 denying 53 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 he may file a motion to proceed in forma pauperis in the United States 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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KNOLTS HUTCHINSON,

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Plaintiff,

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v.

No. 2:14-cv-2398-WBS-EFB P

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, WARDEN R.
RACKLEY, WARDEN B. DUFFY,
ASSOCIATE WARDEN M. KAPLAN,
FACILITIES SARGEANT A. ROMERO,
Defendants.

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Judgment was entered in this action on May 17, 2017. On June 14, 2017, plaintiff filed a

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notice of appeal and a request to proceed in forma pauperis on appeal. Rule 24(a) of the Federal

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Rules of Appellate Procedure provides that a party to a district court action who desires to

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proceed in forma pauperis on appeal must file a motion in 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’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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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request to proceed in forma

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pauperis on appeal (ECF No. 53) 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: June 20, 2017.

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