Kurt v. Ponce

Full title: WAYDE LYNN KURT, Petitioner, v. PONCE, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 23, 2015

2:15-cv-1195-TLN-EFB P (E.D. Cal. Sep. 23, 2015)

Opinion

WAYDE LYNN KURT, Petitioner, v. PONCE, Respondent. No. 2:15-cv-1195-TLN-EFB P United States District Court, E.D. California. September 23, 2015

          ORDER

          EDMUND F. BRENNAN, Magistrate Judge.

         Petitioner is a federal prisoner proceeding without counsel on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Judgment was entered in this action on August 26, 2015. On September 8, 2015, petitioner filed a notice of appeal. On September 21, 2015, he 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). Petitioner's motion fails to satisfy all three requirements.

         Accordingly, IT IS HEREBY ORDERED that petitioner's request to proceed in forma pauperis on appeal (ECF No. 17) 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 petitioner 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).