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Commodity Futures Trading Commission v. White Pine Trust Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 14, 2007

COMMODITY FUTURES TRADING COMMISSION, PLAINTIFF,
v.
WHITE PINE TRUST CORPORATION, A CALIFORNIA CORPORATION, AND RICHARD MATTHEWS, AN INDIVIDUAL, STEPHEN BAERE, AN INDIVIDUAL DEFENDANTS.

The opinion of the court was delivered by: Hon. Napoleon A. Jones, Jr. United States District Judge

ORDER DENYING DEFENDANT STEPHEN BAERE'S MOTION TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915

Before the Court is Defendant Stephan Baere's ("Defendant") Motion for Leave to Appeal In Forma Pauperis. Having paid the filing fee for this appeal on December 3, 2007, the instant motion is deemed MOOT.

Defendant also states in the instant motion that he "is in no position to post a bond against this judgment." (Doc. 258-2.) The Court informs Defendant that a request for a supersedeas bond is a separate action from a request to proceed in forma pauperis. See Fed. R. Civ. P. 62(d). As such, the FINDS that it has not received an appropriate request for a supersedeas bond at this time and reserves judgment on Defendant's assertion until such request is made.

Accordingly, IT IS HEREBY ORDERED that Defendant's motion to proceed in forma pauperis on appeal is DENIED.

IT IS SO ORDERED.

20071214

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