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Civil Rights: Other | Connecticut
Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion to Stay
ORDER denying 70 Motion for leave to proceed in forma pauperis and 71 Motion for stay pending appeal. This case was dismissed at ECF No. 65, and now Mr. Emiabata seeks leave to proceed in forma pauperis (IFP) on appeal. See ECF Nos. 65, 70. Pursuant to Fed. R. App. P. 24(a)(1)(A), a party in a district court action who wishes to appeal in forma pauperis must file a motion in the district court, attaching an affidavit showing the party's inability to pay. Mr. Emiabata knows this because he attached a financial affidavit to the IFP motions he filed at ECF Nos. 9 and 15 back in 2021. Here, though, he repeatedly states that he cannot afford to pay the filing fee, but he does not attach anything showing his current ability (or inability) to pay the filing fee. He does not include anything about his monthly income and expenses, his assets and liabilities, or why he otherwise is unable to pay the fee, except for stating that he is a "full-time student" doing his "postgraduate degree on a student loan," and that he has "limited income and financial resources." ECF No. 70. The court cannot discern from his motion whether he is entitled to IFP status. Accordingly, his motion for in forma pauperis status on appeal is DENIED. See Owens v. Inc. Vill. of Garden City, No. 23-cv-7730, 2025 WL 27466, at *1 (E.D.N.Y. Jan. 3, 2025) (denying in forma pauperis status as plaintiff, in part, did not "demonstrate an inability to pay the filing fee"); Stair v. Calhoun, No. 12-cv-6121, 2015 WL 1966345, at *2 (E.D.N.Y. May 1, 2015) (same). Mr. Emiabata also moves for this court to "stay... enforcement and all proceedings pending resolution" of his appeal. ECF No. 71. However, there are no proceedings for this court to stay. As previously mentioned, this court already has dismissed this case, and it has denied Mr. Emiabata's motion for relief from judgment, ECF No. 67. Accordingly, his motion for a stay pending appeal is DENIED AS MOOT. Pursuant to Fed. R. App. P. 24(a)(4), the Clerk of the Court shall serve notice of entry of this order upon all parties and "immediately notify" the United States Court of Appeals for the Second Circuit of this decision. Pursuant to Fed. R. App. P. 24(a)(5), Mr. Emiabata may file a motion for leave to proceed on appeal in forma pauperis in the United States Court of Appeals for the Second Circuit within thirty (30) days after the Clerk of this Court serves notice of entry of this order upon him. It is so ordered. Signed by Judge Omar A. Williams on 8/28/26. (AV)
Clerk's Certificate re: Notice of Appeal
CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: 69 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none (dw)
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