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Tony Aremu v. California Board of Parole Hearings

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


January 5, 2011

TONY AREMU, PLAINTIFF,
v.
CALIFORNIA BOARD OF PAROLE HEARINGS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Judgment was entered in this action on November 15, 2010 and this matter is currently on appeal to the United States Court of Appeals for the Ninth Circuit. On December 28, 2010, plaintiff filed a request to proceed in forma pauperis on appeal.

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 December 28, 2010, plaintiff filed an affidavit which demonstrates his inability to pay or to give security for fees and costs. Plaintiff 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 December 28, 2010 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 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).

20110105

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