IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 19, 2012
UNITED STATES OF AMERICA,
REAL PROPERTY LOCATED AT 17 COON CREEK ROAD, HAWKINS BAR, CALIFORNIA, APN: 008-760-12,
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.
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