Vititoe v. Social Security Administration

Filing 39

ORDER Granting Leave to Proceed on Appeal in Forma Paurperis and Denying Free Transcript re: 36 Notice of Appeal filed by David Vititoe, by Judge Lewis T. Babcock on 12/10/12. (lswsl )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02996-LTB
DAVID VITITOE,
Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION,
Defendant.

ORDER GRANTING LEAVE TO PROCEED ON APPEAL
IN FORMA PAUPERIS AND DENYING FREE TRANSCRIPT
BABCOCK, Judge
Plaintiff has submitted a Notice of Appeal. Plaintiff previously was allowed to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915 in this court in this action. Pursuant to Rule 24(a)(3)
of the Federal Rules of Appellate Procedure, Plaintiff is authorized to proceed in forma pauperis on
appeal.
However, the court finds that this appeal does not present a substantial question, i.e., a
significant issue that is unique, unusual or reasonably debatable. Therefore, pursuant to 28 U.S.C.
§ 753(f), a free transcript will be denied. Accordingly, it is
ORDERED that Plaintiff may proceed on appeal without prepayment of fees or security
therefor. It is

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FURTHER ORDERED that Plaintiff may not be provided with a free transcript because the
court finds that this appeal does not present a substantial question. Plaintiff may pay the estimated
transcript fee in advance or make his own arrangements with the court reporter to pay for the cost
of any transcript.
DATED at Denver, Colorado this 10th day of December, 2012.

BY THE COURT:

s/Lewis T. Babcock
JUDGE, UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

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