Opinion
CR. No. C-03-74, C.A. No. C-05-179.
March 24, 2006
ORDER VACATING PRIOR ORDER AND ORDER FOR APPELLANT TO PROVIDE ADDITIONAL INFORMATION
The undersigned's prior order granting Movant Jaime de la Cruz's ("de la Cruz" or "Appellant") motion to proceed on appeal in forma pauperis, signed and entered on March 14, 2006, is hereby VACATED. Accordingly, Appellant's motion to proceed on appeal in forma pauperis, (D.E. 36), remains pending.
In order for the undersigned to rule on his motion, Appellant must provide additional information. In particular, Appellant has not stated the issues that he intends to raise on appeal, nor has he provided any financial information from which the undersigned can determine whether he is financially eligible to proceed in forma pauperis. See Rule 24, Fed.R.App.P. (directing a defendant who desires to appeal in forma pauperis to file an affidavit that "states the issues that the party intends to present on appeal" and also to provide detailed financial information).
In light of the foregoing, the Court orders that, within twenty days of the entry of this order, Appellant shall file with the Clerk a completed in forma pauperis application, including information from the institution where he is incarcerated certifying the balance in his inmate trust account and certifying the average balance during the six months preceding his application. Additionally, within twenty days of the entry of this Order, Appellant shall file an affidavit stating the grounds for his appeal, so that it can be determined whether his appeal is frivolous.
Once this information is received, the undersigned will then rule on his motion to proceed in forma pauperis. Appellant is also advised that a failure to timely provide the information ordered herein may result in the dismissal of his appeal.
Additionally, the Clerk is directed to mail Appellant a blank in forma pauperis application with his copy of this Order.
It is ORDERED.