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Hess v. Tennis

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 25, 2007

CHRISTOPHER R. HESS, PETITIONER
v.
MAJOR FRANK TENNIS, ET AL., RESPONDENTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 25th day of April, 2007, upon consideration of petitioner's motions to appoint counsel for his appeal (Doc. 109) and to proceed in forma pauperis on appeal (Doc. 110), see FED. R. APP. P. 24(a)(1) ("[A] party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court."), and it appearing from the affidavit in support of the motion that petitioner possesses inadequate funds in his prisoner account to pay the applicable appellate fee, it is hereby ORDERED that:

1. The motion to appoint counsel for appeal (Doc. 109) is DENIED without prejudice to petitioner's file his request with the United States Court of Appeals for the Third Circuit.

2. The motion (Doc. 110) to proceed in forma pauperis on appeal is GRANTED.

20070425

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