Cooks v. California State Prison Solano, et al.,

Filing 19

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/28/2018 DENYING 17 Motion to Proceed IFP without prejudice. (cc US Court of Appeals for the Ninth Circuit) (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES R. COOKS,

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No. 2:17-cv-2309-MCE-EFB P

Plaintiff,
v.

ORDER

CALIFORNIA STATE PRISON
SOLANO, et al.,
Defendants.

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Judgment was entered in this action on October 18, 2018. On November 5, 2018, plaintiff

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filed a notice of appeal and on November 19, 2018, an application for leave to proceed in forma

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pauperis on appeal. Rule 24(a) of the Federal Rules of Appellate Procedure provides that a party

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

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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. 17) 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: November 28, 2018.

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