Alsabur v. Autozone, Inc.

Filing 79

ORDER by Judge Kandis A. Westmore denying 76 Motion for Leave to Appeal in forma pauperis. (kawlc1, COURT STAFF) (Filed on 8/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOWHAR ALSABUR,
Plaintiff,
v.
AUTOZONE, INC.,
Defendant.

Case No. 13-cv-01689-KAW
ORDER DENYING PLAINTIFF'S
REQUEST TO PROCEED IN FORMA
PAUPERIS ON APPEAL
Dkt. No. 76

United States District Court
Northern District of California

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On August 28, 2014, Plaintiff Jowhar Alsabur filed a notice of appeal of the Court’s

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granting of Defendant Autozone, Inc.’s motion for summary judgment, which closed the case, and

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submitted an application to proceed in forma pauperis on appeal. Pursuant to 28 U.S.C. § 1915(a),

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Plaintiff’s request is DENIED on the grounds that he has not satisfied the requirements set forth in

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Rule 24 of the Federal Rules of Appellate Procedure.

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Specifically, while Plaintiff may have had his filing fee waived when he filed the action in

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state court—a fact unknown to the district court because Defendant paid the filing fee upon

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removal— he never sought prior approval from the district court to proceed in forma pauperis.

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Since Plaintiff was not authorized to proceed IFP by a federal court under § 1915(a), he was

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required to attach an affidavit to his application that

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(A) shows in the detail prescribed by Form 4 of the Appendix of
Forms the party's inability to pay or to give security for fees and
costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on appeal.

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Fed. R. App. P. 24(a)(1). Plaintiff did not attach an affidavit to his application. Moreover, the

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Court notes that Form 4 requires the disclosure of substantially more financial information than is

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sought by the U.S. District Court for the Northern District of California, which was the only

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document filed in connection with this request. Form 4 is available online at

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http://www.ca9.uscourts.gov/forms/.

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Since Plaintiff did not comply with Rule 24(a)(1), his application to proceed in forma

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pauperis on appeal must be denied. Plaintiff may file a motion before the Ninth Circuit to proceed

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in forma pauperis on appeal, but must file that motion within 30 days of service of this denial. See

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Fed. R. App. P. 24(a)(5).

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IT IS SO ORDERED.
Dated: August 29, 2014
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

United States District Court
Northern District of California

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