Riscoe et al v. United States of America Food and Drug Administration

Filing 38

ORDER denying 37 Plaintiff's motion for leave to appeal in forma pauperis. Plaintiff shall pay the appeal filing fee within 30 days of the date of this Order. Signed by Magistrate Judge Teresa J. James on 6/21/2017. Mailed to pro se plaintiff Gerald Riscoe by regular mail on 6/21/2017. (byk)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS GERALD M. RISCOE, et al., Plaintiffs, v. UNITED STATES OF AMERICA FOOD AND DRUG ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 16-2653-CM-TJJ ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Plaintiff Gerald Riscoe has filed a notice of appeal of the Court’s April 25, 2017 Judgment (ECF No. 33) and Memorandum and Order (ECF No. 32) granting Defendant’s motion to dismiss. He has filed a motion to proceed in forma pauperis on appeal (ECF No. 37), which is presently pending before the Court. Federal Rule of Appellate Procedure 24(a)(1) provides that a party who has not already been granted leave to proceed in forma pauperis in the district court action and who wishes to proceed in forma pauperis on appeal must file a motion in the district court. The rule also provides that the moving party “must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of the Appendix of Forms, the party’s inability to pay or give security for fees or costs; (B) claims an entitlement to redress; and (C) states the issues that the party intends to present on appeal.” The Court has reviewed Plaintiff’s motion and finds that his motion to proceed in forma pauperis on appeal must be denied. First, Plaintiff failed to provide the financial information requested in the affid d davit accomp panying his motion for p m permission to appeal in f o forma pauper ris. Second, Plaintiff wro on the fac of the affi P ote ce fidavit that he concedes h has suffic e he cient assets to pay o the appea filing fee. In his motio he again states his fam does ha funds to p the filing fee, al on, s mily ave pay g but asks that he be pe t ermitted to proceed with his appeal w p h without payi the fee u front. He s ing up states that if he is awarded damages, th filing fee can be deduc he c cted from th proceeds. Because Pla he aintiff failed to provide any financial information in his affidavi and expres concede that he ha n it ssly ed as sufficient assets to pa the appea filing fee, the Court co t ay al t oncludes that Plaintiff ha not shown a t as n financial inability to pay the appe filing fee eal e. IT IS THERE T EFORE ORD DERED that Plaintiff’s m motion for le eave to proce in forma eed a pauperis on appeal (E No. 37) is DENIED Plaintiff sh pay the appeal filing fee within 30 ECF ) D. hall g n days of the date of th Order. t his IT IS SO ORD T DERED. Dated in Kan City, Ka D nsas ansas on this 21th day of June, 2017. f . Ter resa J. James s U. S Magistrat Judge S. te

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