Youngblood v. Superior Court of Butte County

Filing 24

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/15/2018 DENYING without prejudice 23 Motion to Proceed IFP and DIRECTING Clerk of Court to serve a copy of this order on the U.S. Court of Appeals for the Ninth Circuit. (cc: USCA 9th Circuit) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE L. YOUNGBLOOD,

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Petitioner,

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v.

No. 2:18-cv-0120-KJM-EFB P

ORDER

SUPERIOR COURT OF BUTTE
COUNTY,
Respondent.

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Judgment was entered in this action on July 13, 2018. ECF No. 18. On July 23, 2018,

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petitioner filed a notice of appeal, ECF No. 19, and on August 13, 2018, requested leave to

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proceed in forma pauperis on appeal, ECF No. 23. Rule 24(a) of the Federal Rules of Appellate

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Procedure provides that a party to a district court action who desires to proceed in forma pauperis

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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). Petitioner’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 petitioner’s request to proceed in forma

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pauperis on appeal (ECF No. 23) 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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petitioner 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: August 15, 2018.

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