Opinion
ORDER
EDMUND F. BRENNAN, Magistrate Judge.
Petitioner, a state prisoner proceeding with counsel, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Judgment was entered in this action on April 24, 2013. On May 24, 2013, petitioner filed a notice of appeal. On the same date, petitioner 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).
In petitioner's motion to proceed in forma pauperis, she states that she intends to appeal the court's denial of her Eighth Amendment claim. Petitioner did not, however, claim entitlement to redress or file a declaration demonstrating her inability to pay or to give security for fees and costs.
Accordingly, IT IS HEREBY ORDERED that petitioner's May 24, 2013 request to proceed in forma pauperis on appeal 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 she 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).