Selck v. County of Sacramento, 2:18-cv-2447-JAM-EFB PS. (2019)
Court: District Court, E.D. California
Number: infdco20191121921
Visitors: 4
Filed: Nov. 19, 2019
Latest Update: Nov. 19, 2019
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . On October 11, 2019, the court dismissed this action for lack of subject matter jurisdiction. ECF No. 38. Plaintiff subsequently filed a notice of appeal (ECF No. 40) and a request to proceed in forma pauperis on appeal (ECF No. 44). Rule 24(a) of the Federal Rules of Appellate Procedure provides that a party to a district court action who desires to proceed in forma pauperis on appeal must file a motion in the district court which: (A) sho
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . On October 11, 2019, the court dismissed this action for lack of subject matter jurisdiction. ECF No. 38. Plaintiff subsequently filed a notice of appeal (ECF No. 40) and a request to proceed in forma pauperis on appeal (ECF No. 44). Rule 24(a) of the Federal Rules of Appellate Procedure provides that a party to a district court action who desires to proceed in forma pauperis on appeal must file a motion in the district court which: (A) show..
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ORDER
EDMUND F. BRENNAN, Magistrate Judge.
On October 11, 2019, the court dismissed this action for lack of subject matter jurisdiction. ECF No. 38. Plaintiff subsequently filed a notice of appeal (ECF No. 40) and a request to proceed in forma pauperis on appeal (ECF No. 44).
Rule 24(a) of the Federal Rules of Appellate Procedure provides that a party to a district court action who desires to proceed in forma pauperis on appeal must file a motion in the district court which:
(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 submitted a declaration which demonstrates his inability to pay or to give security for fees and costs. He did not, however, claim entitlement to redress or describe the issues he intends to present on appeal.
Accordingly, it is hereby ORDERED that plaintiff's request to proceed in forma pauperis on appeal (ECF No. 44) is denied without prejudice. The Clerk of the Court is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit, and plaintiff is hereby informed that he may file a motion to proceed in forma pauperis in the United States Court of Appeals for the Ninth Circuit. See Fed. R. App. P. 24(a)(5).
Source: Leagle
