Opinion
Criminal Case No. 07-cr-00131-EWN.
July 7, 2008
ORDER
Defendant submitted a Letter on June 16, 2008, in which he questions why he is required to file a Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed.R.App.P. 24. Defendant maintains that he was granted indigency status on December 19, 2007, by Magistrate Judge Craig B. Shaffer and again on February 12, 2008, by me. Defendant is mistaken. He was granted pro se status on December 19, 2007, and leave, on February 12, 2008, to have the U.S. Marshal serve subpoenas, but he was not granted in forma pauperis status per se.
Under Fed.R.App.P. 24(a)(1), since Defendant has not been granted leave to proceed in forma pauperis previously he must file a motion to do so on appeal. Nothing in subparagraph (a)(1), however, requires him to submit a certified copy of his inmate trust fund account statement. The Court-approved form that was sent to Defendant on May 20, 2008, with instructions to complete and to file with the Court, is all that is required from Defendant to determine whether or not he should be granted leave to proceed in forma pauperis on appeal. Accordingly, it is
ORDERED that Defendant was not granted leave to proceed in forma pauperis previously during his criminal proceedings. It is
FURTHER ORDERED that under Fed.R.App.P. 24(a)(1) Defendant is required to submit a Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915.