Boyd et al v. Chase Bank

Filing 2

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED without prejudice. Clerk of Court shall mail Plaintiffs two applications. Plaintiffs have until 4/3/13, in which to file completed applications. Alternatively, Plaintiff shall pay the filing fee no later than 4/1/13. Signed by Magistrate Judge Peggy A. Leen on 3/4/13. (Copies have been distributed pursuant to the NEF - cc: plaintiffs - EDS)

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 ALLEN BOYD, et al., ) ) Plaintiffs, ) ) vs. ) ) CHASE BANK, ) ) Defendant. ) __________________________________________) Case No. 2:13-cv-00331-JCM-PAL ORDER (IFP App - Dkt. #1) 12 13 This matter is before the court on Plaintiffs Allen Boyd’s and Nikci Boyd’s Application to 14 Proceed In Forma Pauperis (Dkt. #1) filed February 27, 2013. This proceeding was referred to this 15 court by Local Rule IB 1-9. 16 Plaintiffs’ Application to Proceed In Forma Pauperis is incomplete. As an initial matter, each 17 Plaintiff must fill out a separate Application. Secondly, in response to question three, Plaintiffs respond 18 that one of them has received income from disability or worker’s compensation payments within the 19 last twelve months. However, Plaintiffs have not responsed to the form’s inquiry about the source of 20 the money, how much they received, and how much they expects to receive in the future. For both of 21 these reasons, the court cannot determine whether Plaintiffs are eligible to proceed in forma pauperis. 22 Accordingly, 23 IT IS ORDERED: 24 1. 25 PREJUDICE. 26 2. 27 28 Plaintiffs’ Application to Proceed In Forma Pauperis (Dkt. #1) is DENIED WITHOUT The Clerk of Court shall mail Plaintiffs two blank Applications to Proceed In Forma Pauperis for non-incarcerated litigants. /// 1 3. 2 Plaintiffs shall have until April 3, 2013, in which to file their completed Applications to Proceed In Forma Pauperis. 3 4. Alternatively, Plaintiff may pay the $350.00 filing fee no later than April 1, 2013. 4 4. Failure to comply with this Order will result in a recommendation to the District Judge 5 6 that Plaintiff’s Application to Proceed In Forma Pauperis be denied with prejudice. Dated this 4th day of March, 2013. 7 8 9 _________________________________________ PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2