(PC) Muhammad v. Barber

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/16/2021 GRANTING 27 Motion to Proceed IFP on Appeal. (cc: USCA) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KWESI MUHAMMAD,

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Plaintiff,

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No. 2:19-cv-2592-TLN-EFB P

v.

ORDER

CHRISTINE BARBER,

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Defendant.

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Judgment was entered in this action on October 27, 2020. ECF No. 21. On November 24,

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2020, plaintiff filed a notice of appeal and an application for leave to proceed in forma pauperis

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on appeal. ECF No. 22 (later supplemented at ECF Nos. 25, 27). Rule 24(a) of the Federal Rules

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of Appellate Procedure provides that a party to a district court action who desires to proceed in

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forma pauperis on appeal must file a motion in the district court which:
(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s

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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 satisfies all three of the requirements set forth in Rule

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24(a) and is therefore GRANTED.

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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 Nos. 22, 25, 27) is GRANTED. The Clerk of the Court is directed to

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serve a copy of this order on the United States Court of Appeals for the Ninth Circuit.

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DATED: February 16, 2021.

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