Free Order of 9th Circuit - District Court of Arizona - Arizona

DCT ll 2 2007
UNITED STATES COURT OF APPEALS "
· · GATHY A cA1“fERS$1\l';.P(;lkE8L§
Fon THE NINTH ciizcon ”·S· °°"'“ °‘”
ANDRE ALMOND DENNISON, No. 07-16338
Plaintiff - Appellant, No. CV-03-02373-SRB
District of Arizona,
. v. ‘ Phoenix
. VINCE JAMES, sued in his individual & J
official capacities, ` ORDER
Defendant- Appellee. ‘
On August 7, 2007, this court issued an order staying appellate proceedings ‘
_ pending disposition of the motion for reconsideration in the district court. On
September 14, 2007, the district court denied the motion for reconsideration. The
stay order filed August 7, 2007, is lifted and this appeal shall proceed. The
briefing schedule established by this court’s July 27, 2007 order is reinstated and
"—“ trshaii continue in effect. »~ We A . A A A »
A review of the district court docket reflects that appellant was permitted to
proceed in forma pauperis in the district court, and that such permission has not
been revoked to date. Consequently, appellant's forma pauperis status continues
in this court. Fed. R. App. P. 24(a). A Pursuant to 28 U.S.C. § l9l5(b)(l) and (2),
S:\PROSE\clerkords\2007\9-07\07-16338.wpd A
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1 A T .
07-16338 .
however, appellant must pay the full amount of the filing and docketing fees for
this appeal when funds are available in appellant's account. A
A Consequently, within 21 days after the filing date of this order, appellant
shall complete and file with this court the enclosed authorization form, which A
_ p directs the prison officials at appellant's institution to assess, collect, and forward 4 4 pp
to the court the $455 filing and docketing fees for this appeal on a monthly basis A
whenever funds exist in appellant's trust fund account. These fees will continue to
be collected regardless of the date or manner of disposition of this appeal. See 28
U.S.C. § 191 5(b)(2) and (e)(2).
· If appellant fails to comply with this order, the appeal may be dismissed by
the Clerk. See 9th Cir. R. 42-1.
‘ For the Court: l
*`T _ 8 T A A U CATHY A. CATTERSON C if if
Cler fthe Court I
se Williams A
4 eputy Clerk
Local Rule 27-7
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))) Y
PRI SONER AUTHORIZATION FORM v
I, , am the appellant
in l . , docket
number —p .
I understand that I am required by statute to pay the full amount of the $455 P
C A T~docketing and filin§fé§ for thisappeal, i·€gardTess`6fmy"for1i1€pauf>erisEtatusTTTiITT C ‘
l and regardless of the disposition of this appeal. I hereby authorize the prison t
officials at this institution to assess, collect, and forward to the district court the
_ full amount of these fees, in monthly increments based on 20 percent of the
. average of deposits to or balance in my prison trust account, subject to the
provisions set forth in 28 U.S.C. § l9l5(b). I
l I understand that I am not responsible for payment when the ftmds in my
trust account total less than $10, but that payments will resume when additional
deposits are made or funds are otherwise available. A
h SIGNATURE
A DOCKET NO.
I PRISONER I.D. No.
PRISON FACILITY
ADDRESS
DATE _
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