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Wilson v. Poulos

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 2, 2010

MARK WILSON, PLAINTIFF,
v.
MIKE POULOS, LORI DI CARLO, MATTHEW CATE, JAMES TILTON, RODERICK HICKMAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER: GRANTING MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (Doc. No. 37)

Presently before the Court is Appellant Mark Wilson's motion to proceed in forma pauperis on appeal. (Doc. No. 37.) Appellant's motion is GRANTED.

Motions to proceed in forma pauperis on appeal are governed by 28 U.S.C. § 1915 and Federal Rule of Appellate Procedure 24. See Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (quoting Dixon v. Pitchford, 843 F.2d 268, 270 (7th Cir. 1988)). Section 1915 permits a court to authorize an appeal without the prepayment of fees if the party submits an affidavit, including a statement of assets, showing that he is unable to pay the required filing fee. Rule 24(a)(1) states that "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."

Having reviewed Appellant's application, the Court finds that Appellant's affidavit satisfies the requirements set forth by Rule 24(a). The Court therefore GRANTS Appellant's motion.*fn1

IT IS SO ORDERED.


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