Balvin v. Britten

Filing 25

MEMORANDUM AND ORDER - Petitioner shall have until November 7, 2013, to either pay the $455.00 appellate filing fee or file a motion for leave to proceed in forma pauperis in accordance with Fed. R. App. P. 24. 2. If Petitioner fails to comply with this Memorandum and Order, his appeal will not be processed. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SONNY D. BALVIN,
Petitioner,
v.
FRED BRITTEN,
Respondent.

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8:12CV377

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Notice of Appeal. (Filing No.
23.) On September 16, 2013, the court dismissed Petitioner’s habeas corpus claims
and entered Judgment against him. (Filing Nos. 21 and 22.) In doing so, the court
informed Petitioner that it would not issue a certificate of appealability in this case.
(Filing No. 21 at CM/ECF p. 12.) Thereafter, Petitioner filed a timely Notice of
Appeal. (Filing No. 23.)
Petitioner has not paid the appellate filing fee nor filed a motion for leave to
appeal in forma pauperis. (See Filing No. 24.) Federal Rule of Appellate Procedure
24(a) provides:
(1) Motion in the District Court. Except as stated in Rule
24(a)(3), 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 in the detail prescribed by Form 4 of the
Appendix of Forms 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.
Id. Accordingly, Petitioner shall have until November 7, 2013, to either pay the
$455.00 appellate filing fee or file a motion for leave to proceed in forma pauperis
in accordance with Fed. R. App. P. 24.
IT IS THEREFORE ORDERED that:
1.
Petitioner shall have until November 7, 2013, to either pay the $455.00
appellate filing fee or file a motion for leave to proceed in forma pauperis in
accordance with Fed. R. App. P. 24.
2.
If Petitioner fails to comply with this Memorandum and Order, his
appeal will not be processed.
DATED this 9th day of October, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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