(DOWNLOAD) "Tripati v. Rison" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Tripati v. Rison
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 23, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Order Tripati appeals a magistrate's denial of his motion to proceed in the district court in forma pauperis. We conclude that we lack jurisdiction over Tripati's appeals and transfer them to the district court pursuant to 28 U.S.C. § 1631. On May 21, 1987, Tripati attempted to file a civil rights complaint, along with a motion to proceed in forma pauperis, in the district court for the Central District of California. The Clerk assigned a miscellaneous docket number to the pleadings, but did not officially file them. Without assigning the case to a district judge, the clerk sent the file to a United States Magistrate. The Magistrate issued an order filed the same day on a form stating as follows: IT IS ORDERED that the application of plaintiff or petitioner to file the action without repayment of the filing fee is DENIED for the following reason(s): Failure to exhaust administrative remedies. The clerk entered the order denying in forma pauperis status on the miscellaneous docket sheet and retained a copy of the complaint. The clerk then sent Tripati's complaint back to Tripati along with a copy of the magistrate's order and a letter informing Tripati that if he wished to file the complaint, he would have to pay the required fees. Tripati filed a notice of appeal (no. 87-6205).