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Richardson v. Piazza

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 2, 2010

MELVIN KEITH RICHARDSON, PETITIONER,
v.
JOSEPH PIAZZA, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Louis H. Pollak, J.

MEMORANDUM/ORDER

Petitioner Melvin Keith Richardson has filed a notice of appeal from this court's order dismissing his petition for a writ of habeas corpus, and seeks leave to proceed with that appeal in forma pauperis. Pursuant to Rule 24(a)(1) of the Federal Rules of Appellate Procedure, petitioner must submit "an affidavit that: (A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party's inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues that the party intends to present on appeal." Fed. R. App. P. 24(a)(1).

Mr. Richardson's affidavit complies with the second of these requirements, but omits a statement of the issues to be presented on appeal. The affidavit also does not include all of the detail sought in Form 4 of the Appendix of Forms.

Accordingly, this 2nd day of March, 2010, it is hereby ORDERED that Mr. Richardson's Request to Proceed on Appeal In Forma Pauperis (docket no. 37) is DENIED WITHOUT PREJUDICE. Mr. Richardson may refile a new request that fully complies with Rule 24(a)(1). Copies of that Rule and Form 4 are attached to this Order for Mr. Richardson's reference.

20100302

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