Ashker et al v. Schwarzenegger et al

Filing 391

ORDER by Judge Claudia Wilken denying without prejudice 387 Motion for Leave to Appeal in forma pauperis Re: Todd Ashker. (cwlc1, COURT STAFF) (Filed on 6/1/2010) Modified on 6/2/2010 (cjl, COURT STAFF).

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 Plaintiff Todd Ashker, an inmate at Pelican Bay State Prison (PBSP), applies to proceed in forma pauperis on appeal of this civil rights action. Under 28 U.S.C. § 1915, a court is authorized to allow a plaintiff to appeal in forma pauperis upon the submission of an affidavit that includes a statement of all assets showing that the person is unable to pay such fees. A prisoner must also submit a v. ARNOLD SCHWARZENEGGER, et al., Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TODD ASHKER and DANNY TROXELL, Plaintiffs, No. 05-03286 CW ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL (DOCKET # 387)

certified copy of his trust fund account statement for the sixmonth period immediately preceding the filing of the notice of appeal. Mr. Ashker has filed an affidavit and a certified copy of his prison trust fund account. In his affidavit, he states that, in

addition to his prison trust account, he has a small amount of money in a trust fund that he is not able to access. Plaintiff's

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

affidavit omits a description of this personal trust account, the balance of funds it contains and the reason he cannot access those funds. Until these deficiencies are remedied, the Court cannot

ascertain whether Plaintiff is able to pay the fees on appeal. Therefore, Plaintiff's request to proceed in forma pauperis on appeal is denied without prejudice to re-filing to correct the deficiencies noted above.

IT IS SO ORDERED.

Dated: June 1, 2010

CLAUDIA WILKEN United States District Judge

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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 Danny Troxell B-76578 Pelican Bay State Prison P.O. Box 7500, C-8-101 Crescent City, CA 95531 Todd Ashker C-58191 Pelican Bay State Prison P.O. Box 7500, D1-119 Crescent City, CA 95531 Dated: June 1, 2010 ASHKER ET AL et al, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV05-03286 CW CERTIFICATE OF SERVICE

SCHWARZENEGGER ET AL et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 1, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Ronnie Hersler, Administrative Law Clerk

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