Fallay v. City and County of San Francisco et al

Filing 120

ORDER by Judge Charles R. Breyer denying 116 Motion for Leave to Appeal in forma pauperis (crblc3, COURT STAFF) (Filed on 7/14/2010)

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Fallay v. City and County of San Francisco et al Doc. 120 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA AUGUSTINE FALLAY, Plaintiff, v. SAN FRANCISCO CITY AND COUNTY, et al., Defendant. / No. C 08-2261 CRB ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL Plaintiff's motion to proceed in forma pauperis on appeal is DENIED. The affidavit accompanying Plaintiff's motion indicates that Plaintiff and his spouse earn at least $3,600 per month and own a home, a luxury automobile, and a bank account with Bank of America. Thus, Plaintiff has not established that he "cannot because of his poverty pay or give security for costs and still be able to provide himself and his dependents with the necessities of life." Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). IT IS SO ORDERED. Dated: July 14, 2010 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE G:\CRBALL\2008\2261\Order re Mtn to Proceed In Forma Pauperis.wpd Dockets.Justia.com

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