Michelle Blackwell v. Wells Fargo Bank, N.A., et al
| MICHELLE BLACKWELL and MICHELLE S. BLACKWELL |
| DOES, 1-10 inclusively, LEGAL NOTICE PROCESSING GROUP, WELLS FARGO BANK, N.A., on behalf of Morgan Stanley abs Capital 1, Inc. Trust 2005-WMC6, Mortgage Pass-Through Certificates, Series 2005-WMC6 and SELECT PORTFOLIO SERVICING, INC. |
| 19-56036 |
| September 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 2 Filed order (BARRY G. SILVERMAN, WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON) Appellants September 3, 2019 notice of appeal challenges the district courts August 30, 2019 order denying appellants motion for leave to proceed in forma pauperis on appeal for pending appeal No. 19-55944. We dismiss this appeal No. 19-56036 because the denial of in forma pauperis status for purposes of appeal must be challenged in the appeal from the final judgment. See Fed. R. App. P. 24(a)(1), (5) (following district courts denial of motion to proceed on appeal in forma pauperis on appeal, appellant may file motion to proceed in forma pauperis in court of appeals); see also Advisory Committee Note to Rule 24 (Rule 24 establishes a subsequent motion in the court of appeals, rather than an appeal from the order of denial or from the certification or lack of good faith, as the proper procedure to challenge district court order denying leave to proceed in forma pauperis on appeal). Appellants in forma pauperis status for appeal No. 19-55944 will be addressed by separate order in that appeal. DISMISSED. [11477818] (WL) [Entered: 10/25/2019 10:43 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Michelle Blackwell opening brief due 11/04/2019. Appellees Does, Legal Notice Processing Group, Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A. answering brief due 12/02/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11421678] (HC) [Entered: 09/05/2019 09:55 AM] |
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