Summary
The United States District Court for the District of Rhode Island recommends denying Manetirony Clervrain’s motion to proceed in forma pauperis on appeal. The recommendation concludes that the application failed to satisfy Federal Rule of Appellate Procedure 24(a) and that the appeal was not taken in good faith because it lacked merit.
Holdings
- The application should be denied because the affidavit failed to provide the information required by Rule 24(a)(1) and Form 4 concerning Plaintiff's inability to pay, entitlement to redress, and intended appellate issues.
- The application should be denied because the appeal was not taken in good faith and lacked merit.
Questions Presented
- Whether Plaintiff's affidavit satisfied the requirements of Federal Rule of Appellate Procedure 24(a)(1) and Form 4 for proceeding in forma pauperis on appeal.
- Whether Plaintiff's appeal was taken in good faith under 28 U.S.C. § 1915(a)(3).
Disposition
other
Cases Cited (11)
- Clervrain v. McKee, C.A. Nos. 20-535WES & 22-124WES, 2024 WL 4785142, at *2 (D.R.I. Nov. 14, 2024)(followed)
- Clervrain v. Raimondo, C.A. No. 22-124WES, 2022 WL 1157475, at *2 (D.R.I. Apr. 19, 2022)(followed)
- De Barros v. From You Flowers, LLC, 566 F. Supp. 3d 149, 152 (D.R.I. 2021)(followed)
- Coppedge v. United States, 369 U.S. 438, 445 (1962)(followed)
- Sanchez v. Brown Univ. Health, No. 1:25-cv-00075-LM-TSM, 2025 WL 1779157, at *2 (D.R.I. June 27, 2025)(followed)
- Miguel v. Wall, C.A. No. 15-281ML, 2016 WL 11652896, at *1 (D.R.I. Feb. 16, 2016)(followed)
- Smith v. 6th Div. Dist. Ct., C.A. No. 22-131JJM, 2022 WL 2704210, at *1 (D.R.I. June 21, 2022)(followed)
- DuLaurence v. Telegen, No. 15-1537, 2016 WL 10454553, at *1 (1st Cir. Nov. 30, 2016)(followed)
- Ausar v. Coyne-Fague, C.A. No. 22-150 WES, 2023 WL 5726382, at *2 (D.R.I. Aug. 9, 2023)(followed)
- Brenner v. Williams-Sonoma, Inc., 867 F.3d 294, 297 n.7 (1st Cir. 2017)(followed)
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Cited In (0)
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