In Re: Larry and Nancy Tevis

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 6/16/15 DENYING WITHOUT PREJUDICE 2 Motion to Proceed in forma pauperis. By no later than 7/1/15, appellants shall file an amended motion to proceed in forma pauperis on appeal that contains the signatures of both appellants. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY TEVIS, et al.,

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Plaintiffs,

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v.

No. 2:15-mc-0069-WBS-KJN PS

ORDER

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CALIFORNIA DEPARTMENT OF
VETERANS AFFAIRS, et al.,

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Defendants.

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On June 10, 2015, the United States Bankruptcy Appellate Panel of the Ninth Circuit

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transferred this action to the district court for the limited purpose of adjudicating the appellants

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Larry Tevis and Nancy Tevis’ motion to proceed in forma pauperis on appeal pursuant to 28

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U.S.C. § 1915. (ECF No. 1.)

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In this motion, it appears that appellants attempt to declare their combined assets, which

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demonstrates that neither appellant is able to prepay fees and costs or give security for them.

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(ECF No. 2.) However, only Larry Tevis, who is proceeding in this action without the assistance

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of counsel, has signed appellants’ joint application in what appears to be an attempt to represent

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both himself and co-appellant Nancy Tevis. (See id. at 2.) While Larry Tevis may make such a

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declaration on his own behalf, he may not do so on the behalf of Nancy Tevis. See C.E. Pope

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Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987) (A non-attorney “has no
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authority to appear as an attorney for others than himself”). Rather, Nancy Tevis must provide a

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signed declaration on her own behalf in order to obtain the relief she requests through appellants’

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motion to proceed in forma pauperis on appeal. See 28 U.S.C. §§ 1746, 1915.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Appellants’ motion to proceed in forma pauperis (ECF No. 2) on appeal is denied

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without prejudice.
2. By no later than July 1, 2015, appellants shall file an amended motion to proceed in
forma pauperis on appeal that contains the signatures of both appellants.
IT IS SO ORDERED.
Dated: June 16, 2015

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