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)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS SPASSKY ALCEQUIECZ, * * * * * * * * * * 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 1 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). 2

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