BENNETT v. PREMIERE CREDIT OF NORTH AMERICA, LLC, 4:11-cv-124. (2012)
Court: District Court, S.D. Georgia
Number: infdco20120614737
Visitors: 21
Filed: Jun. 13, 2012
Latest Update: Jun. 13, 2012
Summary: ORDER B. AVANT EDENFIELD, District Judge. Before the Court is Plaintiff Sherry Council Bennett's ("Bennett") implied motion for leave to appeal in forma pauperis ("IFP"). See Doc. 57. Bennett filed suit against Educational Credit Management Corporation ("ECM") and Premiere Credit of North America, LLC ("Premiere") for illegally garnishing her paycheck to repay a student loan debt. See Doc. 1-1 at 3-7. The Court granted ECM's motion for summary judgment. See Doc. 38. The Court later den
Summary: ORDER B. AVANT EDENFIELD, District Judge. Before the Court is Plaintiff Sherry Council Bennett's ("Bennett") implied motion for leave to appeal in forma pauperis ("IFP"). See Doc. 57. Bennett filed suit against Educational Credit Management Corporation ("ECM") and Premiere Credit of North America, LLC ("Premiere") for illegally garnishing her paycheck to repay a student loan debt. See Doc. 1-1 at 3-7. The Court granted ECM's motion for summary judgment. See Doc. 38. The Court later deni..
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ORDER
B. AVANT EDENFIELD, District Judge.
Before the Court is Plaintiff Sherry Council Bennett's ("Bennett") implied motion for leave to appeal in forma pauperis ("IFP"). See Doc. 57.
Bennett filed suit against Educational Credit Management Corporation ("ECM") and Premiere Credit of North America, LLC ("Premiere") for illegally garnishing her paycheck to repay a student loan debt. See Doc. 1-1 at 3-7. The Court granted ECM's motion for summary judgment. See Doc. 38. The Court later denied Bennett's motions for reconsideration and granted Premiere's motion for summary judgment. See Docs. 52; 53. Bennett timely appealed. See Doc. 55.
"A party to a district-court proceeding who did not proceed in the district court IFP and who wishes to take an appeal IFP must move in the district court for permission to do so." 16AA CHARLES ALAN WRIGHT ET AL., FED. PRAC. & PROC. JURIS. § 3970 (4th ed. 2012); see also FED. R. App. P. 24(a)(1).
To obtain IFP status on appeal, Bennett has filed a short affidavit attesting to her financial situation. Nevertheless, her affidavit does not satisfy Federal Rule of Appellate Procedure 24(a)(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 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).
Bennett is ORDERED to submit a revised motion and affidavit that complies with Federal Rule of Appellate Procedure 24(a)(1) within ten (10) days of this Order. The Court will then consider whether to grant or deny her request to appeal IFP.
Source: Leagle
