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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 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 11 12 13 On August 28, 2014, Plaintiff Jowhar Alsabur filed a notice of appeal of the Court’s 14 granting of Defendant Autozone, Inc.’s motion for summary judgment, which closed the case, and 15 submitted an application to proceed in forma pauperis on appeal. Pursuant to 28 U.S.C. § 1915(a), 16 Plaintiff’s request is DENIED on the grounds that he has not satisfied the requirements set forth in 17 Rule 24 of the Federal Rules of Appellate Procedure. 18 Specifically, while Plaintiff may have had his filing fee waived when he filed the action in 19 state court—a fact unknown to the district court because Defendant paid the filing fee upon 20 removal— he never sought prior approval from the district court to proceed in forma pauperis. 21 Since Plaintiff was not authorized to proceed IFP by a federal court under § 1915(a), he was 22 required to attach an affidavit to his application that 23 24 25 (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. 26 Fed. R. App. P. 24(a)(1). Plaintiff did not attach an affidavit to his application. Moreover, the 27 Court notes that Form 4 requires the disclosure of substantially more financial information than is 28 sought by the U.S. District Court for the Northern District of California, which was the only 1 document filed in connection with this request. Form 4 is available online at 2 3 Since Plaintiff did not comply with Rule 24(a)(1), his application to proceed in forma 4 pauperis on appeal must be denied. Plaintiff may file a motion before the Ninth Circuit to proceed 5 in forma pauperis on appeal, but must file that motion within 30 days of service of this denial. See 6 Fed. R. App. P. 24(a)(5). 7 8 9 10 IT IS SO ORDERED. Dated: August 29, 2014 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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