In Re: Motion Requesting Permission to File New Lawsuit
Judge Richard G. Stearns: MEMORANDUM AND ORDER entered denying 9 Motion for Leave to Appeal in forma pauperis. Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the First Circuit in accordance with Rule 24(a)(5) of the Federal Rules of Appellate Procedure. (PSSA, 4)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
M.B.D. NO. 17-91151-RGS
IN Re: MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS
MOVANT: GERARD D. GRANDOIT
MEMORANDUM AND ORDER
October 23, 2017
Movant Gerard D. Grandoit filed a notice of appeal [Docket No. 6] as
to the order [Docket No. 5] denying his request for leave to file a new lawsuit.
Now pending is Grandoit’s motion for leave to appeal in forma pauperis.
Docket No. 9.
STANDARD OF REVIEW
Applications to appeal in forma pauperis are governed by 28 U.S.C. §
1915 and Federal Rule of Appellate Procedure 24. In pertinent part, Rule
(1) ... [A] party to a district-court action who desires to appeal in forma
pauperis must file a motion in the district court. The party must attach
an affidavit that:
(A) shows ... the party's inability to pay or to give security for fees
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on appeal.
Similarly, Section 1915(a)(1) provides “any court of the United States
may authorize the commencement, prosecution or defense of any ... appeal
... without prepayment of fees and costs or security therefor, by a person who
makes affidavit that he is unable to pay such costs or give security therefor.”
28 U.S.C. § 1915(a) (1). Section 1915(a)(1) requires that the affidavit also
state the nature of the action, defense or appeal and the affiant's belief that
the person is entitled to redress. Id.
Here, Grandoit lacks funds to pay the appellate filing fee for this action.
Despite his financial inability to pay the filing fee, Grandoit has not
submitted an affidavit, or proper substitute therefor, “claim[ing] an
entitlement to redress” or “stat[ing] the issues that [he] intends to present
on appeal” as required by Rule 24(a)(1)(B) and (C) of the Federal Rules of
Because Grandoit fails to provide any reason to
conclude that there is a legitimate ground for appeal, his motion is denied.
Based on the foregoing, it is hereby Ordered that:
Grandoit’s motion (Docket No. 9) for leave to appeal in forma
pauperis is DENIED. Further requests to proceed on appeal in forma
pauperis should be directed on motion to the United States Court of Appeals
for the First Circuit in accordance with Rule 24(a)(5) of the Federal Rules of
Appellate Procedure; and
The clerk is directed to transmit this Order as a supplemental
record to the First Circuit Court of Appeals.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE
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