Garfield v. Astrue

Filing 86

ORDER re 83 Letter filed by Janet H. Garfield, 78 Notice (Other) filed by Janet H. Garfield, 82 Appeal Fee Payment Request, 79 Notice of Appeal filed by Janet H. Garfield. Plaintiff may bring a motion meeting requirements of FRAP 24(a)(1) within 21 days; failure to do so will result in denial of IFP on appeal. Signed by Judge Vaughn R Walker on 5/6/2009. (vrwlc3, COURT STAFF) (Filed on 5/6/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JANET H GARFIELD, Plaintiff, v MICHAEL J ASTRUE, Commissioner of Social Security, Defendant. / Plaintiff Janet H Garfield has filed a notice of appeal (Doc #78, 79) from (1) the court's December 12, 2008 order No C 03-4124 VRW CA9 Docket No: 09-15664 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

granting defendant's motion for summary judgment against her on the complaint seeking judicial review of the Social Security Administration's final decision time-barred (Doc #74) and (2) the court's order denying her motion under FRCP 59(e) to alter or amend the December 12 order. Doc #77. Plaintiff did not submit the $455

filing fee with her notice of appeal. After the clerk of this court sent plaintiff a letter requesting payment of the $455 fee, plaintiff filed a completed FRAP Form 4, the affidavit accompanying motion for permission to appeal in forma pauperis. Doc #83.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff has not completed the procedural requirements for seeking leave to proceed in forma pauperis on appeal. Because

plaintiff did not proceed in forma pauperis when she filed her action in the district court, she is required by FRAP 24(a)(1) to bring a motion seeking leave to proceed in forma pauperis on appeal. The motion must attach an affidavit that not only provides

the information sought by Form 4 but also "claims an entitlement to redress" and "states the issues that the party intends to present on appeal." Plaintiff has not brought a motion and her affidavit

does not address the latter two requirements. Plaintiff may bring a motion meeting the requirements of FRAP 24(a)(1) within twenty-one (21) days of the date of this order. Failure to do so will result in denial of in forma pauperis

on appeal.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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