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

A UNITED STATES COURT OF APPEALS F L
4 FOR THE NINTH CIRCUIT NOV 2 3 55 D
· MTHY _
ROBERT EARL KRONCKE, No. 05- I 6038 us. éuggpggiggbilgnx
Plaintiff - Appellant, D.C. No. CV-03-02481-MHM
District of Arizona, Phoenix
v.
STATE OF ARIZONA, sued in individual
& official capacity; et al., ORDER
Defendants, I
and
TERRY L. STEWART; etal., -
Defendants — Appellees. A
Before: WALLACE and LEAVY, Circuit Judges
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 of the record
H confirms that appellant is not entitled to in forma pauperis status for this appeal. I I
See 28 U.S.C. § l9l5(a). E
Accordingly, within 21 days after the filing date of this order, appellant
shall pay $255.00 to the district court as the docketing and tiling fees for this
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05-16038
appeal and file proof of payment with this court. Failure to pay the fees will result
in the automatic dismissal ofthe appeal by the Clerk for failure to prosecute,
regardless of further filings. See 9th Cir. R. 42-1.
No motions for reconsideration, clarification, or modification ofthe denial
of appellant’s in forma pauperis status shall be tiled or entertained.
If appellant pays the fees as required and files proof of such payment in this
court, appellant shall simultaneously show cause why the judgment challenged in
this appeal should not be summarily affirmed. See 9th Cir. R. 3-6. If appellant
pays the fees but fails to file a response to this order, the Clerk shall dismiss this
‘ appeal for failure to prosecute. See 9th Cir. R. 42-1.
Briefing is suspended pending further order of this court.
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