Perales v. Fullerton Public Library et al

Filing 4

ORDER - Plaintiff shall submit IFP long form application and complete all questions. Failure to submit items within 21 days will result in dismissal of action without prejudice. Notice of Compliance deadline set for 1/17/2012.. Signed by Judge Sue L. Robinson on 12/22/11. (rwc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AZAEL DYTHIAN PERALES, Plaintiff, ) ) ) ) v. ) FULLERTON PUBLIC LIBRARY, et.al., Civ. No. 11-1218-SLR ) ) ) ) Defenda nts. ) ORDER At Wilmington this ~day of ~ ,2011, the Court having reviewed the plaintiff's application to proceed without prepayment of fees under 28 U.S.C. ยง 1915, (0.1. #1), with attached Request for Continuance regarding the filing fees; The plaintiff submitted for consideration the short form application to proceed in district court without prepaying fees or costs, form AO 240. When evaluating requests for pauper status submitted by non-prisoners, the Court uses the long form application to proceed in district court without prepaying fees or costs, form AO 239. IT IS ORDERED that: 1. The Clerk of Court shall provide the plaintiff with a copy of the long form application to proceed in district court without prepaying fees or costs, form AO 239. 2. The plaintiff shall, within twenty-one days from the date of this order, either: (1) fully complete long form AO 239 application to proceed in district court without prepaying fees or costs, or (2) pay in full the $350.00 filing fee. Failure to timely comply with this order may result in dismissal of the case without prejudice. UNITED STA ES DISTRICT JUDGE 2 Page I of 5 AO 239 (01/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) UNITED STATES DISTRICT COURT for the District of Delaware Azael Dythian Perales ) ) ) ) ) Plaintijj1Petitioner v. Fullerton FllJblic Lit~E~I)', et.~I._ Defendant/Respondent Civil Action No. 11-1218 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Long Form) Affidavit in Support of the Application Instructions I am a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. I declare under penalty of perjury that the infonnation below is true and understand that a false statement may result in a dismissal of my claims. Complete all questions in this application and then sign it. Do not leave any blanks: if the answer to a question is "0," "none," or "not applicable (N/A)," write that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper identified with your name, your case's docket number, and the question number. Signed: Date: l. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annuaIIy to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Employment Average monthly income amount during the past 12 months You Spouse Income amount expected next month You Spouse $ $ $ $ Self-employment $ $ $ $ Income from real property (such as rental income) $ $ $ $ Interest and dividends $ $ $ $ $ $ $ $ Alimony $ $ $ $ Child support $ $ $ $ Gifts Page 2 of 5 AO 239 (01/09) Application to Proceed in District CoU\1 Without Prepaying Fees or Costs (Long Form) Retirement (such as social security. pensions. annuities. Public-assistance (such as welfare) Other (specifY): Total monthly income: 2. $ $ $ $ $ $ $ $ $ $ $ $ $ Unemployment payments $ $ Disability (such as social security. insurance payments) $ $ insurance) $ $ $ $ 0.00 $ 0.00 $ 0.00 $ 0.00 List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Dates of employment Address Gross monthly pay $ $ 3. List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Dates of employment Address Gross monthly pay $ $ $ 4. How much cash do you and your spouse have? $ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has $ $ $ $ $ $ If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. Page 3 of 5 AO 239 (01/09) Application to Proceed in District COllrt Without Prepaying Fees or Costs (Long Form) 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. Assets owned by you or your spouse Home (Value) $ Other real estate (Value) $ Motor vehicle #1 (Value) $ Make and year: Model: Registration #: Motor vehicle #2 (Value) $ Make and year: Model: Registration #: Other assets (Value) $ Other assets (Value) $ 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or your spouse money Amount owed to you Amount owed to your spouse $ $ $ $ 7. $ $ State the persons who rely on you or your spouse for support. Name (or, if under 18, initials only) Relationship Age Page 4 of 5 AO 239 (01/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Your spouse You Rent or home-mortgage payment (including lot rented for mobile home) Are real estate taxes included? 0 Yes o No Is property insurance included? 0 Yes o No $ $ Utilities (electricity. heating fuel, water. sewer. and telephone) $ $ Home maintenance (repairs and upkeep) $ $ Food $ $ Clothing $ $ Laundry and dry-cleaning $ $ Medical and dental expenses $ $ Transportation (not including motor vehicle payments) $ $ Recreation, entertainment, newspapers, magazines, etc. $ $ Homeowner's or renter's: $ $ Life: $ $ Health: $ $ Motor vehicle: $ $ Other: $ $ $ $ Motor vehicle: $ $ Credit card (name): $ $ Department store (name): $ $ Other: $ $ $ $ Insurance (not deducted from wages or included in mortgage payment:,) Taxes (not deducted from wages or included in mortgage payments) (specifY): Installment payments Alimony, maintenance, and support paid to others Page 5 of 5 AO 239 (01/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Regular expenses for operation of business, profession, or farm (attach detailed statement) $ $ Other (specify): $ $ Total monthly expenses: 9. 0.00 $ 0.00 Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? DYes 10. $ o No If yes, describe on an attached sheet. Have you paid - or will you be paying - an attorney any money for services in connection with this case, including the completion of this form? 0 Yes 0 No If yes, how much? $ _______________ Ifyes, state the attorney's name, address, and telephone number: 11. Have you paid - or will you be paying - anyone other than an attorney (such as a paralegal or a typist) any money for services in connection with this case, including the completion of this form? 0 Yes 0 No If yes, how much? $ If yes, state the person's name, address, and telephone number: 12. Provide any other information that will help explain why you cannot pay the costs of these proceedings. 13. Identify the city and state of your legal residence. Your daytime phone number: Your age: _ ____ Your years of schooling: Last four digits of your social-security number: