Seamster v. United States

D. Utah

Seamster v. United States

DecidedJanuary 27, 2022

Docket1:21-cv-00093

StatusUnknown

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THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

ALLEN WAYNE SEAMSTER, MEMORANDUM DECISION & Petitioner, ORDER REGARDING MOTION TO PROCEED IN FORMA v. PAUPERIS ON APPEAL

UNITED STATES OF AMERICA, Case No. 1:21-cv-00093-DBB

Respondent. District Judge David Barlow

Petitioner, Allen Wayne Seamster, applies to proceed on appeal without prepaying the appellate filing fee.1 However, Petitioner has not submitted three required pieces of information that would allow this Court to rule on his application: (1) “a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint . . . obtained from the appropriate official of each prison at which the prisoner is or was confined,”2 (2) a completed affidavit including “a statement of all assets such [person] possesses that [indicate] the person is unable to pay such fees or give security therefor”;3 and (3) a statement of “the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress.”4

1 See 28 U.S.C.S. § 1915 (2019). 2 See id. § 1915(a)(2) (emphasis added). 3 See id. § 1915(a)(1) (emphasis added). 4 See id. § 1915(a)(1). See also Valles v. Hansen, 743 F. App’x 162, 165 (10th Cir. 2018) (citing DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991) (requiring “the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal.”). IT IS ORDERED that Petitioner must within thirty days file with the Court a certified copy of his inmate-account statement, a complete application to proceed without prepaying fees or costs, and a document showing legally and factually based, reasoned, nonfrivolous arguments supporting his appellate challenges. If Petitioner does not fully comply, his application will be denied. DATED this 27" day of January, 2022. BY THE COURT: Io

United States District Court

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THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

ALLEN WAYNE SEAMSTER, MEMORANDUM DECISION & Petitioner, ORDER REGARDING MOTION TO PROCEED IN FORMA v. PAUPERIS ON APPEAL

UNITED STATES OF AMERICA, Case No. 1:21-cv-00093-DBB

Respondent. District Judge David Barlow

Petitioner, Allen Wayne Seamster, applies to proceed on appeal without prepaying the appellate filing fee.1 However, Petitioner has not submitted three required pieces of information that would allow this Court to rule on his application: (1) “a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint . . . obtained from the appropriate official of each prison at which the prisoner is or was confined,”2 (2) a completed affidavit including “a statement of all assets such [person] possesses that [indicate] the person is unable to pay such fees or give security therefor”;3 and (3) a statement of “the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress.”4

1 See 28 U.S.C.S. § 1915 (2019). 2 See id. § 1915(a)(2) (emphasis added). 3 See id. § 1915(a)(1) (emphasis added). 4 See id. § 1915(a)(1). See also Valles v. Hansen, 743 F. App’x 162, 165 (10th Cir. 2018) (citing DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991) (requiring “the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal.”). IT IS ORDERED that Petitioner must within thirty days file with the Court a certified copy of his inmate-account statement, a complete application to proceed without prepaying fees or costs, and a document showing legally and factually based, reasoned, nonfrivolous arguments supporting his appellate challenges. If Petitioner does not fully comply, his application will be denied. DATED this 27" day of January, 2022. BY THE COURT: Io

United States District Court

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