Robert Stockmeier v. Ron Angelone

62 F.3d 287, 95 Daily Journal DAR 9914, 95 Cal. Daily Op. Serv. 5815, 33 Fed. R. Serv. 3d 103, 1995 U.S. App. LEXIS 19351, 1995 WL 434480

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 25, 1995
• Docket: 95-15797
• Status: Published

Opinion

ORDER

On June 8,1995, this court issued an order directing appellants to pay the filing fees for this appeal or file a motion for leave to appeal in forma pauperis. Appellants’ response to that order asserts that they were proceeding in the district court in forma pau-peris, and that such status continues automatically for the appeal pursuant to Fed. R.App.P. 24(a).

We hold that the district court’s imposition of a partial filing fee is not tantamount to the award of pauperis status for the purposes of Fed.R.App.P. 24(a). See Butler v. Leen, 4 F.3d 772 (9th Cir.1993) (imposition of partial filing fee precludes district court from dismissing forma pauperis action under 28 U.S.C. § 1915(d)).

Consequently, within 14 days from entry of this order, appellants shall pay the filing fees or file a motion for leave to proceed in forma pauperis on appeal. Failure to comply with this order will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute.