Opinion
Case No. 04-CV-71833-DT.
January 6, 2006
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S TWO "REQUEST[S] TO WAIVE FILING FEES FOR CLAIM OF APPEAL"
Plaintiff Roger Van Heck filed a "Request to Waive Filing Fees For Claim of Appeal" on September 2, 2005 and again on December 27, 2005. Plaintiff has not fulfilled the requirements set forth under 28 U.S.C. § 1915(a)(1) as he has not submitted an affidavit in support of either of his requests. Accordingly,
The court clerk has docketed both of Plaintiff's Requests as an "Application to Proceed In Forma Pauperis On Appeal."
IT IS ORDERED that Plaintiff's "Request[s] to Waive Filing Fees For Claim of Appeal" [Dkt. # 33] and [Dkt. # 38] are DENIED WITHOUT PREJUDICE. Plaintiff may later renew his request to waive filing fees on appeal by either (1) filing a motion with a supporting affidavit as required by 28 U.S.C. § 1915(a)(1) or (2) completing and filing an "Application To Proceed Without Prepayment of Fees and Affidavit."
A copy of this form accompanies this order.