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Cruz v. United States

August 20, 2008

DAVID CRUZ, PLAINTIFF
v.
UNITED STATES OF AMERICA, DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 20th day of August, 2008, upon consideration of plaintiff's application (Doc. 17) to proceed in forma pauperis on appeal, and of the financial affidavit submitted in support thereof, which certifies that plaintiff has $327.12 on deposit in his prisoner trust fund account, (see Doc. 20), it is hereby ORDERED that the application (Doc. 17) is CONSTRUED as a motion to proceed without full payment of fees and costs and is GRANTED as so construed. 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. . . ."). Plaintiff shall be permitted to proceed in forma pauperis on appeal.

CHRISTOPHER C. CONNER United States District Judge

20080820

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