The United States Court of Appeals for the Tenth Circuit, Office of the Clerk, has sent a letter reminding the individual wishing to appeal the order denying him the right to intervene in the SCO v. Novell case that there is a $450 fee to be paid to the US District Court within 30 days, or an application filed to proceed in forma pauperis, and giving futher instructions on how to avoid having the appeal tossed. They've seen this before, I expect, and likely they have a form letter. Here's the docket entry:
08/06/2008 547 - USCA Case Number Case Appealed to Tenth Case Number 08-4154 for 545 Notice of Appeal filed by Jonathan Lee Riches. (jmr) (Entered: 08/06/2008)
In the interests of time, I'll leave off the header and skip to the meat, because I know some of you are interested in how the appeals process works, and this is part of the answer:
UNITED STATES COURT OF APPEAL
FOR THE TENTH CIRCUIT
OFFICE OF THE CLERK
[address, phone, clerks]
August 06, 2008
The court has docketed the appeal in this case.
Attorneys for parties must complete and file an entry of appearance form within 10 days from the date of this letter. Pro se parties must complete and file the form within 30 days from the date of this letter. See 10th Cir. R. 46.1. Appellant's failure to enter an appearance may cause the appeal to be dismissed. An appellee who fails to enter an appearance may cause the appeal to be dismissed. An appellee who fails to enter an appearance may not receive notice or service of orders.
Prisoners must pay the full amount of the filing fee. See 28 U.S.C. 1915(b)(1). The court must assess, and have the warden collect, partial filing fees. There are other requirements of prisoners under the act. They include providing a certified copy of the prisoner's trust fund statement for the preceding six months, and consenting to the collection of the funds from the prisoner's account by the custodian.
Prisoners are reminded that to invoke the prison mailbox rule they must immediately file a declaration in compliance with 28 U.S.C. Section 1746 or a notarized statement, either of which must set forth the date of the deposit and state that first-class postage has been prepaid. See Fed. R. App. P. 4(c) and United States v. Ceballos-Martinez, 358 F. 3e 732 (2004), revised and superseded, 371 F. 3d 713 (10th Cir. 2004), reh'g denied en banc, 387 F. 3d 1140 (10th Cir. 2004), cert. denied, 125 S. Ct. 624, (U.S. Nov 29, 2004).
The $5.00 filing fee and $450.00 docket fee were not paid to the district clerk when the notice of appeal was filed as required by Fed. R. App. P. 3(e). Unless the fees are paid to the district clerk or an application for leave to proceed without prepayment of fees is made to the district court, within 30 days of the date of this letter, this appeal may be dismissed without further notice. See 10th Cir. R. 3.3(B).
Please contact this office if you have questions.
Clerk of the Court
cc: Brent O. Hatch
David E. Melaugh