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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS JOSEPH A. PHILLIPS, Petitioner, v. GARY RODEN, Respondent. ) ) ) ) ) ) ) ) ) ORDER January 23, 2013 Saris, U.S.D.J. The motion for leave to appeal in forma pauperis is DENIED as it appears that the prisoner has sufficient funds to pay the appeal fee. According to the prison account statement submitted

C.A. No. 10-11954-PBS App. No. 12-2093

by the petitioner, when he filed this motion in September 2012 he had $1,125 in his person account and $2,838.90 in his savings account. Further, in the six months preceding the filing of the

motion he received almost $10,000 in income. If the petitioner would like to pursue in forma pauperis status, he may file a motion with the Court of Appeals.1 The

Clerk shall provide the petitioner with a form Affidavit to Accompany Motion for Leave to Appeal in Forma Pauperis.

See Fed. R. App. P. 26(a)(5) ("A party may file a motion to proceed on appeal in forma pauperis in the court of appeals within 30 days after service of [the district court's notice of denial of a motion to appeal in forma pauperis]. The motion must include a copy of the affidavit filed in the district court and the district court's statement of reasons for its action. If no affidavit was filed in the district court, the party must include the affidavit prescribed by Rule 24(a)(1).").

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The Clerk shall transmit a copy of this order to the United States Court of Appeals for the First Circuit.

/s/ Patti B. Saris PATTI B. SARIS UNITED STATES DISTRICT JUDGE

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