Witte v. Young et al

Filing 66

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/24/16 ORDERING that plaintiff's request to proceed in forma pauperis on appeal (ECF No. 64 ) is denied without prejudice. The Clerk of the Court is directed to serve a copy of this or der 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. See Fed. R. App. P. 24(a)(5).(Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THOMAS WITTE,

12
13
14
15

No. 2:14-cv-2439-TLN-EFB

Plaintiff,
v.

ORDER

CAROLYN YOUNG and JUDY
CARVER,
Defendants.

16
17
18

On September 28, 2016, the court denied plaintiff’s motion for a new trial and motion to

19

alter or amend judgment. ECF No. 62. Plaintiff subsequently filed a notice of appeal (ECF No.

20

63) and a request to proceed in forma pauperis on appeal (ECF No. 64).

21

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

22

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

23

court which:

24
25
26

(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.

27
28

Fed. R. App. P. 24(a)(1). Plaintiff submitted a declaration which demonstrates his inability to
1

1

pay or to give security for fees and costs. He did not, however, claim entitlement to redress or

2

describe the issues he intends to present on appeal.

3

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

4

pauperis on appeal (ECF No. 64) is denied without prejudice. The Clerk of the Court is directed

5

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

6

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

7

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

8

DATED: October 24, 2016.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2