Rasheed v. Gelb

Filing 21

Judge Denise J. Casper: ORDER entered denying 19 Motion for Leave to Appeal in forma pauperis (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
RASHAD AKEEM RASHEED,
Petitioner,
v.
BRUCE GELB,
Respondent.

)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 12-11921-DJC

MEMORANDUM AND ORDER
CASPER, J.

May 15, 2013

For the reasons set forth below, the Court denies the petitioner’s motion to appeal in forma
pauperis.
On March 21, 2013, as part of his appeal of this Court’s February 5, 2013 order denying his
petition for a writ of habeas corpus under 28 U.S.C. § 2254, petitioner Rashad Akeem Rasheed filed
a motion to appeal in forma pauperis by submitting (1) a one-page motion in which he states that
he is incarcerated and indigent; (2) an Application to Proceed in District Court Without Prepaying
Fees or Costs (Short Form)1 which Rasheed signed but did not complete; and (3) a six-month prison
account statement.
Under the Federal Rules of Appellate Procedure, a person moving for leave to appeal in
forma pauperis must attach to his motion an affidavit that “(A) shows in the detail prescribed by
Form 4 of the Appendix of Forms [to the Federal Rules of Appellate Procedure] 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.” Fed. R. App. P. 24(a)(1). Where the appellant
is a prisoner, he is required to submit “a certified copy of the trust fund account statement . . . for

1

As the title of the form suggests, this document is for use by litigants initiating an action
in the district court.
1

the prisoner for the 6-month period immediately preceding the filing of the . . . notice of appeal.”
28 U.S.C. § 1915(a)(2).
Although Rasheed submitted a declaration of indigency and a prison account statement, he
has not provided the more detailed financial information required under Fed. R. Civ. P. 24(a)(1).
Rasheed also did not include with the motion to appeal in forma pauperis a statement of the issues
he intends to present on appeal. See Fed. R. Civ. P. 24(a)(1)(C). Without this information, the Court
cannot grant the petitioner’s motion to appeal in forma pauperis.
Accordingly, the Court denies the petitioner’s motion (D. 19) to appeal in forma pauperis.
If Rasheed would still like to pursue in forma pauperis status on appeal, he may, within thirty (30)
days, file a new motion for leave to appeal in forma pauperis with the United States Court of
Appeals for the First Circuit. See Fed. R. App. P. 24(a)(5).2
The Clerk is directed to send Rasheed a copy of the form financial affidavit used by the
United States Court of Appeals for the First Circuit.
The Clerk is also directed to transmit a copy of this Memorandum and Order to the First
Circuit.

So ordered.
/s/ Denise J. Casper
United States District Judge

2

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

A party may file a motion to proceed on appeal in forma pauperis in the court of
appeals within 30 days after service of the notice [of the district court’s order
denying the motion to proceed in forma pauperis]. The motion must include a
copy of the affidavit filed in the district court and the district court’s statement of
reasons for its action. If no affidavit was filed in the district court, the party must
include the affidavit prescribed by Rule 24(a)(1).
Fed. App. P. 24(a)(5).
2