Tevis v. California Department of Veterans Affairs

Full title: LARRY TEVIS, et al., Plaintiffs, v. CALIFORNIA DEPARTMENT OF VETERANS…

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

Date published: Jul 1, 2015

2:15-mc-0069-WBS-KJN PS (E.D. Cal. Jul. 1, 2015)

Opinion

LARRY TEVIS, et al., Plaintiffs, v. CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS, et al., Defendants. No. 2:15-mc-0069-WBS-KJN PS United States District Court, E.D. California. July 1, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         On June 10, 2015, the United States Bankruptcy Appellate Panel of the Ninth Circuit transferred this action to the district court for the limited purpose of adjudicating appellants Larry Tevis and Nancy Tevis' motion to proceed in forma pauperis on appeal pursuant to 28 U.S.C. § 1915. (ECF No. 1.) On June 17, 2015, the undersigned denied this motion without prejudice because the declaration in support of appellants' motion purported to declare the assets of both appellants, but was signed only by Mr. Tevis, who was unable to make the declaration on Mrs. Tevis' behalf. (ECF No. 3.) Appellants were ordered to file an amended motion containing both of their signatures by no later than July 1, 2015. (Id.) On June 29, 2015, the parties filed an amended motion to proceed in forma pauperis that complies with this order. (ECF No. 4.)

         Mr. and Mrs. Tevis' amended motion to proceed in forma pauperis demonstrates that neither appellant is able to prepay fees and costs or give security for them.

         Accordingly, IT IS HEREBY ORDERED that:

1. The amended motion to proceed in forma pauperis (ECF No. 4) is granted.

2. The action is referred back to the United States Bankruptcy Appellate Panel of the Ninth Circuit for all further proceedings.

3. The Clerk of Court shall close this miscellaneous case.

         IT IS SO ORDERED.