ORDER FOR PLAINTIFF TO SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS, TOGETHER WITH AN AFFIDAVIT, PURSUANT TO RULE 4 OF THE FEDERAL RULES OF APPELLATE PROCEDURE (ECF No. 48.)

Appeal case no. 17-15090

GARY S. AUSTIN, Magistrate Judge.

Reginald Ray York ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. On September 14, 2019, Plaintiff paid the $400.00 filing fee for this action in full. (Court Record.) On June 8, 2016, this case was dismissed with prejudice for lack of standing, and judgment was entered, closing this case. (ECF Nos. 35, 36.)

On January 17, 2017, Plaintiff filed a notice of appeal to the Ninth Circuit Court of Appeals, case number 17-15090. (ECF No. 45.) On February 6, 2017, Plaintiff filed a handwritten motion for leave to proceed in forma pauperis on appeal, together with a certified copy of his prison trust account statement showing activity from 8/1/16 to 1/25/17. (ECF No. 48.)

Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, 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. Fed. R. App. P. 24(a)(1).

Plaintiff has not provided all of the information required by Rule 24. Plaintiff shall be now be provided with applicable form to proceed in forma pauperis, Plaintiff needs to complete the form and return to the court.1 Plaintiff must submit the completed application, together with an affidavit2 claiming an entitlement to redress3 and stating the issues that he intends to present on appeal, within twenty days. Plaintiff is not required to submit another copy of his prison trust account statement.

Accordingly, IT IS HEREBY ORDERED that:

IT IS SO ORDERED.

INFORMATION TO PRISONERS SEEKING LEAVE TO PROCEED WITH A CIVIL ACTION IN FEDERAL COURT IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915

In accordance with 1996 amendments to the in forma pauperis statute, AS A PRISONER YOU WILL BE OBLIGATED TO PAY THE FULL FILING FEE OF $350.00 FOR A CIVIL RIGHTS ACTION, $5.00 FOR A HABEAS CORPUS PETITION, OR $505.00 FOR AN APPEAL. If you are not afforded in forma pauperis status in a Civil Rights Action, you will be required to pay the $350.00 filing fee plus a $50.00 administrative fee for a total of $400.00.

If you have the money to pay the full filing fee, send a cashier's check or money order made payable to the U.S. District Court with your complaint, petition, or notice of appeal.

If you do not have enough money to pay the full filing fee when your action is filed, you can file the action without prepaying the filing fee. The court will order the facility where you are held in custody to collect the filing fee from your prison or jail trust account. EACH MONTH YOU WILL OWE 20 PERCENT OF YOUR PRECEDING MONTH'S INCOME TOWARD THE BALANCE UNTIL THE FILING FEE IS PAID IN FULL. The facility will forward payments to the court any time the amount in the account exceeds $10.00. The balance of the filing fee will be collected even if the action is later dismissed, summary judgment is granted against you, or you fail to prevail at trial.

In order to proceed with an action in forma pauperis, you must complete the attached form and return it to the court with your complaint, habeas corpus petition, or appeal. You must attach to the form a certified copy of your prison or jail account statement for the last six months. If you submit an incomplete form or do not submit a prison or jail account statement with the form, your request to proceed in forma pauperis will be denied.

The court is required to screen your complaint regardless of the amount of filing fee paid and will dismiss the complaint if:

If you file more than three actions or appeals while incarcerated that are dismissed as frivolous, malicious, or for failure to state a claim on which relief can be granted, you will be prohibited from bringing any other actions in forma pauperis unless you are in imminent danger of serious physical injury.