Opinion
No. 3:13-CR-422-M
08-26-2020
UNITED STATES OF AMERICA, v. DAVID LYMAN SPALDING, Defendant.
Referred to U.S. Magistrate Judge
Under Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis are automatically referred. --------
RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
Before the Court is the defendant's Notice of Appeal, received on June 9, 2020 (doc. 351), which also requests a waiver of the filing fee on appeal. The notice is therefore also construed as a motion for leave to proceed in forma pauperis on appeal. The motion to proceed in forma pauperis on appeal did not include a certificate of inmate trust account for the six-month period preceding the filing of the notice of appeal, as required by 28 U.S.C. § 1915(a) since the movant is a federal prisoner. On June 18, 2020, he was ordered to file a form application to proceed in forma pauperis and a certificate of inmate trust account within thirty days. (See doc. 353.) He was warned that if he did not comply, a recommendation to deny the motion to proceed in forma pauperis on appeal would be entered. (See id.)
The defendant has still not complied with the order. Because he has not presented a certificate of inmate trust account as required, he has not shown that he is a pauper. His motion to proceed in forma pauperis should be denied.
SO RECOMMENDED this 26th day of August, 2020.
/s/_________
IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE