The United States Court of Appeals for the Ninth Circuit issued an order regarding an appeal filed by Brad Greenspan in an antitrust case. The order stated that Greenspan had not paid the required docketing and filing fees for the appeal. Greenspan was given 21 days to either file a motion to proceed in forma pauperis (without payment due to poverty), pay the $505 fees to the district court and provide proof of payment, or otherwise show cause why the appeal should not be dismissed for failure to prosecute. The order included a financial declaration form for Greenspan to submit financial information in support of any motion to proceed in forma pauperis.
The United States Court of Appeals for the Ninth Circuit issued an order regarding an appeal filed by Brad Greenspan in an antitrust case. The order stated that Greenspan had not paid the required docketing and filing fees for the appeal. Greenspan was given 21 days to either file a motion to proceed in forma pauperis (without payment due to poverty), pay the $505 fees to the district court and provide proof of payment, or otherwise show cause why the appeal should not be dismissed for failure to prosecute. The order included a financial declaration form for Greenspan to submit financial information in support of any motion to proceed in forma pauperis.
The United States Court of Appeals for the Ninth Circuit issued an order regarding an appeal filed by Brad Greenspan in an antitrust case. The order stated that Greenspan had not paid the required docketing and filing fees for the appeal. Greenspan was given 21 days to either file a motion to proceed in forma pauperis (without payment due to poverty), pay the $505 fees to the district court and provide proof of payment, or otherwise show cause why the appeal should not be dismissed for failure to prosecute. The order included a financial declaration form for Greenspan to submit financial information in support of any motion to proceed in forma pauperis.
The United States Court of Appeals for the Ninth Circuit issued an order regarding an appeal filed by Brad Greenspan in an antitrust case. The order stated that Greenspan had not paid the required docketing and filing fees for the appeal. Greenspan was given 21 days to either file a motion to proceed in forma pauperis (without payment due to poverty), pay the $505 fees to the district court and provide proof of payment, or otherwise show cause why the appeal should not be dismissed for failure to prosecute. The order included a financial declaration form for Greenspan to submit financial information in support of any motion to proceed in forma pauperis.
U.S. District Court for Northern California, San Jose
ORDER
A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay $505 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27- Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-1 Page: 1 of 2 (1 of 9) 11. Any motion to proceed in forma pauperis must include a financial declaration such as the attached Form 4. If appellant fails to comply with this order, this appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1.
FOR THE COURT: Molly C. Dwyer Clerk of Court
Cyntharee K. Powells Deputy Clerk
Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-1 Page: 2 of 2 (2 of 9) Form 4. Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis Appellant(s) or Petitioner(s) v. Appellee(s) or Respondent(s) Affidavit in Support of Motion I swear or affirm under penalty of perjury that, because of my poverty, I cannot prepay the docket fees of my appeal or post a bond for them. I believe I am entitled to redress. I swear or affirm under penalty of perjury under United States laws that my answers on this form are true and correct. 28 U.S.C. sec. 1746; 18 U.S.C. sec. 1621. Signed: Case No. Instructions Complete all questions in this application and then sign it. Do not leave any blanks: if the answer to a question is "0," "none," or "not applicable (N/A)," write in that response. If you need more space to answer a question, attach a separate sheet of paper identified with your name, your case's docket number, and the question number. Date: My issues on appeal are: -1- UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-2 Page: 1 of 7 (3 of 9) Average monthly amount during the past 12 months Amount expected next month Income Source You Spouse You Spouse Employment $ $ $ Self-Employment Income from real property (such as rental income) Interest and Dividends $ $ Gifts Alimony Other (specify) Public-Assistance (such as welfare) Unemployment Payments Disability (such as social security, insurance payments) Retirement (such as social security, pensions, annuities, insurance) $ $ Child Support $ $ $ $ $ TOTAL MONTHLY INCOME: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. 1. -2- Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-2 Page: 2 of 7 (4 of 9) List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) 2. Employer Address Dates of Employment Gross Monthly Pay From To To From To From $ $ $ To From $ List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Gross Monthly Pay From To To From To From $ $ $ To From $ Dates of Employment 3. -3- Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-2 Page: 3 of 7 (5 of 9) 4. How much cash do you and your spouse have? $ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial Institution Type of Account Amount You Have Amount Your Spouse Has $ $ $ $ $ $ $ $ If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account . List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishing. 5. Home $ Value Other Real Estate Value $ Motor Vehicle 1: Make & Year Motor Vehicle 2: Make & Year Model Model Registration # Registration # Value Value $ $ -4- Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-2 Page: 4 of 7 (6 of 9) Other Assets Value $ $ $ State every person, business, or organization owing you or your spouse money, and the amount owed. 6. Person owing you or your spouse Amount owed to you Amount owed to your spouse $ $ $ $ $ $ Name Relationship Age State the persons who rely on you or your spouse for support. If a dependent is a minor, list only the initials and not the full name. 7. -5- Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-2 Page: 5 of 7 (7 of 9) Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. 8. -6- You Spouse $ $ Rent or home-mortgage payment (include lot rented for mobile home) - Are real estate taxes included? - Is property insurance included? Yes Yes No No Utilities (electricity, heating fuel, water, sewer, and telephone) $ $ $ $ $ $ Home maintenance (repairs and upkeep) Food $ $ $ $ $ $ $ $ $ $ Clothing Laundry and dry-cleaning Medical and dental expenses Transportation (not including motor vehicle payments) Recreation, entertainment, newspapers, magazines, etc. Insurance (not deducted from wages or included in mortgage payments) - Homeowner's or renter's......................................................................................................... $ - Life.......................................................................................................................................... $ - Health...................................................................................................................................... $ - Motor Vehicle......................................................................................................................... $ - Other: $ $ $ $ $ Taxes (not deducted from wages or included in mortgage payments) Specify: $ $ $ $ $ $ $ $ $ $ $ - Motor Vehicle......................................................................................................................... - Department Store - Credit Card - Motor Vehicle......................................................................................................................... Installment payments (name): (name): Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-2 Page: 6 of 7 (8 of 9) Alimony, maintenance, and support paid to others $ $ Regular expenses for the operation of business, profession, or farm (attach detailed statement) $ $ Other (specify) $ $ Total Monthly Expenses: $ $ Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? 9. No Yes If yes, describe on an attached sheet. No Yes Have you spent--or will you be spending--any money for expenses or attorney fees in connection with this lawsuit? 10. If yes, how much? $ -7- Provide any other information that will help explain why you cannot pay the docket fees for your appeal. 11. State the city and state of your legal residence. 12. State City Your age: Your years of schooling: Your daytime phone number (ex., 4153558000): Last four digits of your Social Security Number (ex.,6789): Case: 14-16528 08/11/2014 ID: 9199536 DktEntry: 2-2 Page: 7 of 7 (9 of 9)