Alcequiecz v. Ryan

Filing 53

Judge Allison D. Burroughs: ORDER entered denying 50 Motion for Leave to Appeal in forma pauperis [Copy of order placed in Clerk's office mailroom to go out in mail on 10/12/2017.] (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

SPASSKY ALCEQUIECZ,

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Petitioner,
v.
KELLEY RYAN,
Respondent.

C.A. No. 14-11693-ADB
App. No. 17-1617

ORDER
BURROUGHS, D.J.
Petitioner Spassky Alcequiecz has filed a motion to appeal in forma pauperis [ECF No.
50], and he has provided a six-month prison account statement dated August 24, 2017 [ECF No.
52]. The account statement indicates that from February 1, 2017 through August 23, 2017,
Alcequiecz received approximately $2,000. The statement also indicates that the balance of his
prison account on the statement date was $1,959.
Based on Alcequiecz’s income and account balance, the Court finds that he is able to pay
the $505 appeal fee.
Accordingly, the motion to appeal in forma pauperis [ECF No. 50] is DENIED. If
Alcequiecz wishes to further 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). 1
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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 appeal in forma pauperis]. The motion must include a copy

The Clerk shall transmit a copy of this Order to the United States Court of Appeals for
the First Circuit.

IT IS SO ORDERED.
10/11/2017
DATE

/s/ Allison D. Burroughs
UNITED STATES DISTRICT JUDGE

of the affidavit filed in the district court and the district court’s statement of reasons
for its action.
Fed. App. P. 24(a)(5).

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