Alcala v. Monsanto Company

Filing 48

ORDER by Judge Hamilton Denying 46 Motion for Leave to Appeal in Forma Pauperis (pjhlc2, COURT STAFF) (Filed on 5/28/2010)

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1 2 3 4 5 6 7 8 9 10 v. MONSANTO COMPANY, Defendant. _______________________________/ The court granted summary judgment in defendant's favor, and entered judgment in this action, on April 26, 2010. On May 20, 2010, plaintiff filed a notice of appeal of the action, and in connection therewith, also filed a further application to proceed in forma pauperis. Plaintiff's application to proceed in forma pauperis, in connection with is filed notice of appeal is DENIED. Plaintiff's affidavit, which lists plaintiff's receipt of gross monthly income in the amount of $3,384.84, and plaintiff's ownership of both a home and financed automobile, fails to establish that plaintiff is unable to pay for the fees associated with the filing of his appeal, per 28 U.S.C. 1915. JAVIER ALCALA, Plaintiff, No. C 08-4828 PJH ORDER DENYING IN FORMA PAUPERIS APPLICATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: May 28, 2010 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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