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Vella v. People

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 31, 2009

JOHN ANTHONY VELLA, PETITIONER,
v.
PEOPLE OF THE STATE OF CALIFORNIA, ET AL., RESPONDENTS.

The opinion of the court was delivered by: John A. Mendez U. S. District Court Judge

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. Judgment was entered in this action on April 29, 2009 and this matter is currently on appeal to the United States Court of Appeals for the Ninth Circuit. On July 16, 2009, petitioner filed a request to proceed in forma pauperis on appeal. The court file reflects that petitioner paid the filing fee for this action.

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). On July 16, 2009, petitioner filed the appropriate affidavit which demonstrates his inability to pay or to give security for fees and costs. Petitioner has not, however, claimed entitlement to redress or described the issues he intends to present on appeal.

Accordingly, IT IS HEREBY ORDERED that petitioner's July 16, 2009, request to proceed in forma pauperis on appeal 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 advised 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. Proc. 24(a)(5).

20090831

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