Yeats v. Williams et al

Filing 44

ORDER Denying 42 Motion for Leave to Proceed In Forma Pauperis on Appeal without Prejudice. Clerk shall send Form 4 to petitioner. New Motion for Leave to Proceed in Forma Pauperis on Appeal due by 6/25/2011. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Signed by Judge Kent J. Dawson on 5/25/11. (Copies have been distributed pursuant to the NEF - ASB)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
11

GARY LYNN YEATS,

12

Petitioner,

13

vs.

14

BRIAN WILLIAMS, et al.,

15

Respondents.

)
)
)
)
)
)
)
)
)
/

2:09-cv-00798- KJD-RJJ
ORDER

16
17

This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which petitioner,

18

a state prisoner, is proceeding pro se. Petitioner has filed a motion for leave to proceed in forma

19

pauperis on appeal. (ECF No. 42.)

20

Petitioner’s motion for leave to proceed in forma pauperis is not in conformity with Fed. R.

21

App. Pro. 24 which, among other things, requires submission of detailed information related to

22

petitioner’s financial means. See Fed. R. App. Pro. 24; and Form 4 in the Appendix of Forms.

23

Therefore, the motion shall be denied without prejudice on that basis.

24

IT IS THEREFORE ORDERED that petitioner’s motion for leave to proceed in forma

25

pauperis on appeal (ECF No. 42) is DENIED without prejudice. The Clerk shall send Form 4

26

(Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis) to petitioner.

1

Petitioner shall have thirty (30) days from the date of entry of this order within which to file a new

2

motion for leave to proceed in forma pauperis on appeal.

3

DATED: May 25, 2011

4
5
6
UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2