In Re: Larry and Nancy Tevis

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/2015. Plaintiffs' Amended 4 Motion to Proceed In Forma Pauperis is GRANTED. This action is REFERRED back to United States Bankruptcy Appellate Panel of 9th Circuit for all further proceedings. Clerk shall CLOSE this miscellaneous case. (Marciel, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LARRY TEVIS, et al.,

12

Plaintiffs,

13

v.

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

ORDER

14
15

CALIFORNIA DEPARTMENT OF
VETERANS AFFAIRS, et al.,

16

Defendants.

17
18

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

19

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

20

Tevis and Nancy Tevis’ motion to proceed in forma pauperis on appeal pursuant to 28 U.S.C. §

21

1915. (ECF No. 1.) On June 17, 2015, the undersigned denied this motion without prejudice

22

because the declaration in support of appellants’ motion purported to declare the assets of both

23

appellants, but was signed only by Mr. Tevis, who was unable to make the declaration on Mrs.

24

Tevis’ behalf. (ECF No. 3.) Appellants were ordered to file an amended motion containing both

25

of their signatures by no later than July 1, 2015. (Id.) On June 29, 2015, the parties filed an

26

amended motion to proceed in forma pauperis that complies with this order. (ECF No. 4.)

27
28

Mr. and Mrs. Tevis’ amended motion to proceed in forma pauperis demonstrates that
neither appellant is able to prepay fees and costs or give security for them.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The amended motion to proceed in forma pauperis (ECF No. 4) is granted.

3

2. The action is referred back to the United States Bankruptcy Appellate Panel of the

4

Ninth Circuit for all further proceedings.

5

3. The Clerk of Court shall close this miscellaneous case.

6

IT IS SO ORDERED.

7

Dated: July 1, 2015

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2