-DLB In re Raymond Donald Clark, No. 1:2010mc00048 - Document 4 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS recommending that Plaintiff's 1 Application to Proceed In Forma Pauperis on Appeal be Denied signed by Magistrate Judge Dennis L. Beck on 01/07/2011. Referred to Judge O'Neill; Objections to F&R due by 2/14/2011. (Flores, E)
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-DLB In re Raymond Donald Clark Doc. 4 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 RAYMOND DONALD CLARK, ) ) ) ) ) ) ) ) ) ) ) ) ) 9 10 Plaintiff, 11 v. 12 PETER BEAGLEY, et al., 13 14 Defendants. 15 1:10mc0048 LJO DLB FINDINGS AND RECOMMENDATION DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS ) 16 This miscellaneous action was opened on November 4, 2010, for ruling on Plaintiff’s 17 motion to proceed in forma pauperis on appeal at the request of the Bankruptcy Appellate Panel. 18 In re Perroton, 958 F.2d 889 (9th Cir. 1992) (Bankruptcy Appellate Panel lacks authority to 19 waive payment of statutorily required filing fees because it is not a “court of the United States” 20 within the meaning of 28 U.S.C. § 1915(a)). 21 On November 19, 2010, the Court issued an order explaining that contrary to Plaintiff’s 22 contention, he did not proceed in forma pauperis in the District Court. The Court therefore 23 needed additional information pursuant to Federal Rule of Appellate Procedure 24(a)(1). The 24 Court ordered Plaintiff to provide this information, or pay the $255.00 appellate filing fee, within 25 thirty days of the date of the order. Over thirty days have passed and Plaintiff has not complied 26 with the Court’s order. 27 28 1 Dockets.Justia.com 1 2 Therefore, based on the information before this Court, Plaintiff’s application to proceed in forma pauperis must be DENIED. 3 4 5 6 RECOMMENDATION Accordingly, the Court HEREBY RECOMMENDS that Plaintiff’s application to proceed in forma pauperis on appeal be DENIED. These findings and recommendations will be submitted to the Honorable Lawrence J. 7 O’Neill, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after 8 being served with these Findings and Recommendations, Plaintiff may file written objections 9 with the Court. The document should be captioned “Objections to Magistrate Judge's Findings 10 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 12 (9th Cir. 1991). 13 14 15 IT IS SO ORDERED. Dated: 3b142a January 7, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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