Iceberg v. Whole Food Market Southwest, Inc. et al

Filing 44

ORDER DENYING WITHOUT PREJUDICE 41 Application to Proceed In Forma Pauperis filed by Scott F. Iceberg,and GRANTING 42 MOTION for Withdrawal of Attorney Teresa J. Gorman filed by Scott F. Iceberg. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SCOTT F. ICEBERG,
Plaintiff,
Case No. 11-10336

v.
WHOLE FOODS MARKET GROUP, INC.,
Defendant.
/

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S APPLICATION TO
PROCEED IN FORMA PAUPERIS ON APPEAL AND GRANTING PLAINTIFF’S
COUNSEL’S MOTION TO WITHDRAW
Plaintiff applies to proceed in forma pauperis on appeal. Under Federal Rule of
Appellate Procedure 24(1)(C), a party applying to proceed in forma pauperis for the first
time on appeal must provide the district court with an affidavit that “states the issues
that the party intends to present on appeal.” No previous application to proceed in
forma pauperis appears on the docket, and Plaintiff provides no statement of issues.
Accordingly,
IT IS ORDERED that the application to proceed in forma pauperis on appeal
[Dkt. # 41] is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that, in accord with her unopposed motion [Dkt.
# 42], which is GRANTED, Plaintiff’s counsel may withdraw.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: January 17, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, January 17, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\11-10336.ICEBERG.IFP&Withdraw.ckb.wpd

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