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Connie Flores and Joe Flores v. James Salven

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO, CALIFORNIA


February 24, 2012

CONNIE FLORES AND JOE FLORES,
PLAINTIFFS,
v.
JAMES SALVEN, CHAPTER 7 TRUSTEE,
DEFENDANT.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER GRANTING APPELLANTS' APPLICATIONS TO PROCEED IN FORMA PAUPERIS IN BANKRUPTCY APPEAL ORDER TRANSFERRING MATTER BACK TO BANKRUPTCY COURT ORDER DIRECTING THE CLERK TO SERVE THIS ORDER ON APPELLANTS BY MAIL AND TO SERVE THE PARTIES AND BANKRUPTCY APPELLATE PANEL

Connie Flores and Joe Flores ("Appellants") filed appeals in the United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP"), which bear case numbers EC-11-1597 and EC-11-1598, respectively. (Doc. 1.) Pending before this Court are the Appellants' applications to proceed in forma pauperis , which were referred to this Court *fn1 by order of Bankruptcy Judges Jury and Dunn, filed January 27, 2011. (Doc. 1, Exh. 1 and Exh. 2.) The matter was referred to United States Magistrate Judge Barbara A. McAuliffe pursuant to 28 U.S.C. § 636(b) and Local Rule 302.

The Court has reviewed the applications submitted by Appellants. Each Appellant has made the showing required by 28 U.S.C. § 1915(a). Accordingly, the request by Appellant Connie Flores and the request by Appellant Joe Flores to proceed in forma pauperis will be granted.

Further, this matter was transferred to this Court for the sole and limited purpose of ruling on the motion to proceed in forma pauperis (Doc. 1), and this Court has performed the purpose of the transfer. Therefore, the Court will order the matter transferred to the BAP.

Accordingly, it is ORDERED that

1. The application by Appellant Connie Flores to proceed in forma pauperis is GRANTED;

2. The application by Appellant Joe Flores to proceed in forma pauperis is GRANTED;

3. This matter is TRANSFERRED back to the United States Bankruptcy Appellate Panel of the Ninth Circuit; and

4. The Clerk is DIRECTED to serve this order by mail upon Appellants Connie Flores and Joe Flores at P.O. Box 3086, Visalia, California 93278, and to make appropriate service upon the other parties and the United States Bankruptcy Appellate Panel of the Ninth Circuit.

5. The clerk of the Court is directed to close this action.

IT IS SO ORDERED.


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