Opinion
Civil Action No. 00-3796.
June 8, 2004
MEMORANDUM/ORDER
On January 28, 2004, this court adopted the Report and Recommendation of Magistrate Judge Wells denying Devin Alexander's petition for a writ of habeas corpus. Mr. Alexander has appealed, and has filed motions with this court under Rule 24 of the Federal Rules of Appellate Procedure for leave to proceed in forma pauperis on appeal. Under Rule 24(a)(1), Mr. Alexander is required to attach an affidavit that:
(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). Mr. Alexander's "Verified Statement" in support of his motions meets the first of these three requirements, but does not "claim an entitlement to redress" or "state the issues that the party intends to present on appeal." Accordingly, it is hereby ORDERED that the motions for leave to proceed in forma pauperis (Docket Nos. 27 and 28) are DENIED WITHOUT PREJUDICE. Mr. Alexander may file a new motion that fully complies with Rule 24(a)(1).