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

E .
` UNITED STATES COURT OF APPEALS F I L E D
FOR THE NINTH CIRCUIT DEC U 6 2005
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ROBERT V. TUZON, i No. 05-16234
Plaintiff- Appellant, No. CV-02-02113-NVW
District of Arizona,
v. l Phoenix
i S. MILLER, I I
I ORDER
Defendant ·· Appellee.
Before: Peter L. Shaw, Appellate Commissioner ‘
Appellant’s motion to proceed in forma pauperis on appeal is granted.
Pursuant to 28 U.S.C. § 19l5(b)(l) and (2), however, appellant eventually must
pay the full amount of the filing and docketing fees for this appeal. U
Accordingly, within 21 days after the tiling date of this order, appellant
shall complete and Hle with this court the enclosed authorization form, which
directs the prison officials at appellant’s institution to assess, collect, and forward
to the court the $255.00 filing and docketing fees for this appeal on a monthly l
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. § 1915(b)(2), (e)(2).
Case 2:02—cv—02113-NVW—LOA Document 114 Filed 12/15/2005 A Page 1 of 3

·. 05-16234 l
If appellant fails to comply with this order, the Clerk shall dismiss this
appeal for failure to prosecute. See 9th Cir. R. 42-1.
Appellant’s motion to extend time to tile replylbrief is denied as
unnecessary. If appellant complies with this order, the Clerk shall tile the opening
brief received August 10, 2005; the answering brief will be due January 31, 2006;
and the optional reply brief will be due within 14 days after service of the 3 -
answering brief. 3
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. K 30-1.7.
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Case 2:02—cv—02113-NVW—LOA Document 114 Filed 12/15/2005 Page 2 of 3

is - PRISONER AUTHORIZATION FORM
_ I, , am the appellant
_ [Print Name]
in v. ` , docket no. - . .
I understand that I am required by statute to pay the full amount ofthe $105
docketing and tiling fees for this appeal, regardless of my forma pauperis status, and
regardless ofthe disposition of this appeal. —- s U
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 understand that I am not responsible for payment when there are no deposits
or funds in my trust account, but that payments_ will resume when such deposits are
made or ftmds are otherwise available.
Signature 1 i
Prisoner I.D. No.:
Docket No.: _ _ g _ __
Address:
Date:
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