Arika Hayes v. Alicia Keys et al

Filing 13

IN CHAMBERS ORDER TO SHOW CAUSE by Judge Percy Anderson. Plaintiff shall file her response by no later than September 15, 2014. The failure to timely and adequately respond to this Order to Show Cause may result in sanctions, including the revocation of Plaintiffs in forma pauperis status and the issuance of an order that Plaintiff pay the standard filing fee before she is allowed to proceed with this action. IT IS SO ORDERED. (jloz)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-6246 PA (JEMx)

Title

Arika Hayes v. Alicia Keys, et al.

Present: The
Honorable

Date

August 26, 2014

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Julieta Lozano

Not Reported

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS - ORDER TO SHOW CAUSE

Before the Court is a Complaint filed by plaintiff Arika Hayes (“Plaintiff”). Plaintiff filed a
Request to Proceed In Forma Pauperis (“Request”), which was granted by the magistrate on August 8,
2014. Based on a review of Plaintiff’s Request and Complaint, it appears that additional inquiry is
needed to ensure that Plaintiff qualifies for informa pauperis status.
To avail herself of the protections of the in forma pauperis statute, “an affiant must show [s]he is
unable to ‘pay or give security for the costs . . . and still be able to provide’ [her]self and dependents
‘with the necessities of life.’” Brown v. Herald Co., Inc., 464 U.S. 928, 930, 104 S. Ct. 331, 332, 78 L.
Ed. 2d 301, 302 (1983) (Brennan, J. dissenting) (quoting Adkins v. E. I. DuPont de Nemours & Co., 335
U.S. 331, 339, 69 S. Ct. 85, 89, 93 L. Ed. 43, 49 (1948)); see also United States v. McQuade, 647 F.2d
938, 940 (9th Cir. 1981) (“‘[I]t is proper and indeed essential for the supporting affidavits to state the
facts as to affiant’s poverty with some particularity, definiteness, and certainty.’” (quoting In re Stump,
449 F.2d 1297, 1298 (10th Cir. 1969))). At a minimum, an affiant must provide a statement of her
available assets, as well as a brief description of the nature of the action and a statement in support of
her request for relief. See 28 U.S.C. § 1915. The nature and scope of the inquiry undertaken prior to
granting in forma pauperis status is within the discretion of the district court. McQuade, 647 F.2d at 940
(noting that it is “within the court’s discretion to make a factual inquiry” into the merits of the party’s
request for in forma pauperis treatment).
The Court finds that Plaintiff has not provided sufficient information in support of her Request.
According to the Request, Plaintiff is not employed, has no cash or savings, and owns nothing of value.
Plaintiff also states that she has never filed an Income Tax return, and provides no information regarding
past employment or income. The Complaint, however, indicates that Plaintiff is, and has been since at
least 2004, an active music artist, songwriter, and author. Every page of the Complaint is also stamped
with what appears to be website and mailing addresses related to Plaintiff’s musical endeavors. In light
of these consideration, the Court views Plaintiff’s Request with some skepticism.
The Court further notes that there are serious questions as to whether Plaintiff has stated valid
claims which would establish a basis for this Court’s jurisdiction under 28 U.S.C. § 1331. This is the
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 3

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-6246 PA (JEMx)

Date

Title

August 26, 2014

Arika Hayes v. Alicia Keys, et al.

third action that Plaintiff has filed in the Central District asserting claims for copyright infringement.1/
In the other two cases, the courts dismissed Plaintiff’s complaints for failure to state a claim upon which
relief can be granted. The Complaint in this case suffers from the same defects identified in the other
actions. Specifically, the Complaint is largely indecipherable, fails to properly plead a copyright
infringement claim, and does not provide any facts showing how each of the numerous named
defendants participated in the alleged infringement.
Accordingly, the Court orders Plaintiff to show cause, in writing not to exceed ten pages, why
her in forma pauperis status should not be revoked. Plaintiff shall respond to the following inquiries:
(1)

What sources of income do you use to pay your day-to-day living expenses? What is
your approximate monthly cost of living?

(2)

Where do you live? What is the amount of your monthly rent or mortgage? How do you
pay that amount? Do you own a home? Do you live with other individuals? If so, with
whom? Do you have an ownership interest in any other real property?

(3)

Are you currently employed? If not, when were you last employed? Describe your
previous job and the duration of your employment there. State the amount of the salary
and wages per month that you received.

(4)

Do you own any credit cards? If so, what are the credit limits for each card?

(5)

Are you currently receiving any benefits under federal or state governmental programs?
If so, under which programs and for what amount per month?

(6)

Do you own any other assets, e.g., stocks, bonds, automobiles, valuable personal
property, etc.? If the answer is yes, please describe the assets and their approximate
value. If the answer is no, have you sold any valuable personal assets within the last two
years? If so, please describe the assets, the date they were sold, and the value derived
from their sale. If you do not currently own an automobile please provide information
about the last vehicle, if any, that you owned. Include information regarding the type of
automobile, date of purchase, date of sale or other disposition of the vehicle, and sale
price, if applicable.

1/

See Arika Hayes, et al. v. Kenye West, et al., No. CV 12-7974 GW (MANx) (C.D. Cal.
complaint filed Oct. 1, 2012); Arika Hayes v. Nicki Minaj, et al., No. CV 12-7972 SVW (Shx) (C.D.
Cal. complaint filed Oct. 2, 2012).
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 3

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-6246 PA (JEMx)

Date

Title

August 26, 2014

Arika Hayes v. Alicia Keys, et al.
(7)

Have you ever been a party to any other action, civil or criminal, in this District? If so,
did you proceed in forma pauperis in those cases? Please describe each case you have
been involved in separately.

(8)

Provide any additional information which may assist the Court in assessing your Request
to Proceed In Forma Pauperis, including how you fund your musical endeavors (e.g.,
recording expenses).

The Court further orders Plaintiff to explain why her in forma pauperis status should not be revoked due
to the lack of viable federal claims upon which the Court may base its jurisdiction. See O’Loughlin v.
Doe, 920 F.2d 614, 616 (9th Cir. 1990) (noting that in forma pauperis status may be denied “if it appears
from the face of the proposed complaint that the action is frivolous or without merit.”).
Plaintiff shall file her response by no later than September 15, 2014. The failure to timely and
adequately respond to this Order to Show Cause may result in sanctions, including the revocation of
Plaintiff’s in forma pauperis status and the issuance of an order that Plaintiff pay the standard filing fee
before she is allowed to proceed with this action.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 3 of 3