Opinion
Civil Action No. 03-6129.
July 30, 2004
MEMORANDUM/ORDER
On April 30, 2004, this court adopted the Report and Recommendation of Magistrate Judge Scuderi denying James Davis's petition for writ of habeas corpus. Mr. Davis has appealed, and has filed an Application to Proceed In Forma Pauperis on appeal. Under Federal Rule of Appellate Procedure 24(a)(1), in order to file for leave to proceed in forma pauperis on appeal, Mr. Davis 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. Davis's Application satisfies 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 Mr. Davis's Application to Proceed In Forma Pauperis (#19) is DENIED WITHOUT PREJUDICE. Mr. Davis may file a new Application that fully complies with Rule 24(a)(1). (A copy of Rule 24(a)(1) is attached to this order and should be of assistance to Mr. Davis in filing a proper Application).