(PS) McDonald v. Department of Motor Vehicles

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MITCHEL MCDONALD, No.2:21-cv-1561 KJM DP PS Plaintiff, ORDER Vv.

CALIFORNIA DEPARTMENT OF MOTOR

VEHICLES INSACRAMENTO COUNTY, Defendants. 17 18 On September 21, 2022, this court adopted the magistrate judge’s findings and recommendations and dismissed plaintiff McDonald’s complaint and request to proceed in forma pauperis (“IFP”). McDonald then filed a notice of appeal, ECF No. 15, and asks this court again 22 to proceed IFP. ECF No. 19. This court construes movant’s motion as a request to proceed IFP 23 on appeal, as dictated by Federal Rule of Appellate Procedure 24. Fed. R. App. P. 24. For 24 reasons provided below, the court denies plaintiffs motion. Under Rule 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.” Fed. R. App. P. 24(a)(1). The motion must be accompanied by an affidavit that…