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United States of America v. Real Property Located At 17 Coon Creek Road

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


July 19, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 17 COON CREEK ROAD, HAWKINS BAR, CALIFORNIA, APN: 008-760-12,
DEFENDANT,
BYRON PICKLE, CLAIMANT,

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

ORDER DENYING APPLICATION TO APPEAL IN FORMA PAUPERIS

Claimant Byron Pickle ("Pickle") filed a Notice of Appeal in this in rem forfeiture action of this Court's June 18, 2012 Order, which granted the government's motion for default judgment against Pickle and entered a final judgment of forfeiture of the defendant property. Pickle now seeks an order granting him permission to proceed on appeal in forma pauperis. (ECF No. 71.)

A party may seek leave from the district court to proceed in forma pauperis on appeal under Federal Rule of Appellate Procedure ("Rule") 24 and 28 U.S.C. § 1915, when he or she is financially unable to pay the costs associated with the appeal. The requesting party must file a motion in the district court, accompanied by 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." Fed. R. App. P. 24(a)(1). "A prisoner seeking to . . . appeal a judgment . . . without prepayment of fees or security therefor . . . shall [also] submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the . . . notice of appeal." 28 U.S.C. § 1915(a)(2).

Since Pickle has not complied with the requirements of Rule 24 or 28 U.S.C. § 1915, his request to appeal in forma pauperis is denied.

20120719

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