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Tipaksorn Tungjunyatham v. Mike Johanns

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 26, 2011

TIPAKSORN TUNGJUNYATHAM,
PLAINTIFF,
v.
MIKE JOHANNS, SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE,
DEFENDANT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING PLAINTIFF'S REQUEST TO FILE APPEAL IN FORMA PAUPERIS (Doc. 77)

Plaintiff has requested waiver of the filing fee for an appeal of the above-captioned case. Pursuant to F.R.A.P. 24(a), a party to a district court action who desires to appeal in forma pauperis must file a motion in the district court. With his or her motion, the party must attach an affidavit that (1) shows in the detail prescribed by Form 4*fn1 of the Appendix of Forms the party's inability to pay the filing fee or to give security for fees and cost; (2) claims an entitlement to redress; and (3) states the issues that the party intends to present on appeal.

Plaintiff's request for in forma pauperis status fails to comply with the requirements of Rule 24. Not only does Plaintiff's statement of indigence fail to provide the detailed financial disclosure required by Form 4, she completely omits a claim of entitlement to redress or a listing of her issues on appeal.

Accordingly, the Court DENIES Plaintiff's request to proceed in forma pauperis.

1. Plaintiff is hereby directed to submit on or before June 10, 2011, either the full amount of the filing fee or a new motion to proceed in forma pauperis including Form 4 as an exhibit.

2. In the event that Plaintiff fails to pay the fee or submit a new motion by June 10, 2011, this Court shall recommend dismissal of Plaintiff's appeal for failure to comply with a court order.

3. In compliance with F.R.A.P. 24(a)(4), the Clerk of Court is directed to notify the United States Court of Appeals for the Ninth Circuit of this order.

IT IS SO ORDERED.

icido3


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