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

` Q
i UNITED STATES COURT OF APPEALS F I L E D
FOR THE NINTH CIRCUIT SE? 2 2 2:5%
A CATHY A. CATFERSON
ctsax, us. couai OF APPEALS
E KERRY ALLYNN CHASE, No. 06-16110
A Plaintiff - Appellant, D.C. No. CV-04-00056-NVW
p District of Arizona, p
v. Phoenix
BRIAN COX, sued in his individual &
official capacity; et al., ORDER
Defendants — Appellees. -
Before: TASHIMA and GRABER, Circuit Judges. i
' 7 The district court has certified that this appeal is not taken in good faith, and
so has revoked appellant’s in forma pauperis status. Our review ofthe record
n indicates that appellant is entitled to in forma pauperis status for this appeal. See
28 U:S.C. § l9l5(a). Pursuant to 28 U.S.C. § l9l5(b)(l) and (2), however,
appellant eventually must pay the full amount of the filing-and docketing fees for
this appeal.
Accordingly, within 21 days after the tiling date of this order, appellant
shall complete and file with this court the enclosed authorization form, which
directs the prison officials at appellant‘s institution to assess, collect, and forward
S:\MOAT'T\Panelord\9.18.06\orders\kw2\O6—l6I I0.w·pd
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‘ 06-161 10
to the court the $455.00 filing and docketing fees for this appeal on a monthly
basis 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. § l915(b)(2), (e)(2).
If appellant fails to comply with this order, the Clerk shall dismiss the
appeal for failure to prosecute. See 9th Cir. R. 42-1.
Appellant’s opposed motion for an extension of time to file the opening
brief is granted. lf appellant complies with this order, the opening brief will be U
due October 30, 2006; the answering brief will be due November 29, 2006; and l
thébptional reply brief will be due within 14 days after service of the answering
l brief
Because appellant is proceeding without counsel, the court waives the
excerpts of record requirement. See 9th Cir. R. 30-1.2. Appellee’s supplemental
excerpts of record are limited to the district court docket sheet, the notice of
appeal, the judgment or order appealed from, and any specific portions of the
record cited in appellee’s brief See 9th Cir. R. 30-1.7.
s;x1v1oATT\P¤¤e1¤re\9.1s.o6\¤¤1ersu¢w2xos-16110.wpa 2
Case 2:04-cv-OOO56-NVW—LOA Document 123 Filed O9/28/2006 Page 2 of 3 ·

’ PRISONER AUTHORIZATION FORM
I, y , am the appellant
[Print Name]
in _ v. , docket no. -
I understand that I am required by statute to pay the full amount of the
. $255/$455 docketing and filing fees for this appeal, regardless of my informa . .
pauperis status, and regardless of the disposition of this appeal.
I hereby authorize the prison officials at this institution to assess, collect,
and forward to the district court the full amount of these fees, in monthly
‘ increments based on the average of deposits to or balance in my prison trust
account. I
I understand that I am not responsible for payment when there are no
l deposits or funds in my trust account, but that payments will resume when such
deposits are made or funds are otherwise available.
Signature: ss gs ss s
_ Prisoner I.D. No.:
_ Docket No.: ·
Address:
Date: n ,
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