Gerold Davis v. Paula Cavy et al

Filing 5

ORDER TO SHOW CAUSE by Magistrate Judge Frederick F. Mumm. Response to Order to Show Cause due by 10/20/2017: (see attached) Plaintiff is ordered to show cause, in writing and within ten (10) days of the date of this Order, why his application to proceed in forma pauperis should not be denied for lack of jurisdiction and/or a failure to provide sufficient information for the Court to determine indigency. (jm)

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

CV 17-7324 RSWL (FFM)

Title

Gerold Davis v. Paula Cavy, et al.

Present: The Honorable

Date

October 10, 2017

Frederick F. Mumm, United States Magistrate Judge

James Munoz

N/A

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None present

None present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE

Pending before this Court is Plaintiff Gerold Davis’ application to proceed in
forma pauperis (the “application”). (Dkt. 2.)
After reviewing the application and the Complaint (Dkt. 1), the Court notes that
Plaintiff asserts the Court has jurisdiction over this matter under 28 U.S.C. § 1332
(diversity jurisdiction). However, Defendant David Perez Bail Bonds, Inc., (“Perez Bail
Bonds”) appears to be a California corporation doing business in Covina, California.1
Because corporations are considered “citizens” of each state in which they are
incorporated, Perez Bail Bonds and Plaintiff are both citizens of the same state,
California. See 28 U.S.C. § 1332(c)(1). Thus, it appears that the Court cannot exercise
jurisdiction in this matter, as diversity jurisdiction requires “complete diversity,” i.e. that
Plaintiff not maintain citizenship in the same state as any defendant. Caterpillar Inc. v.
Lewis, 519 U.S. 61, 68 (1996).

The Court takes judicial notice of California Secretary of State records, found on
the California Secretary of State “business search” website
(https://businesssearch.sos.ca.gov), which show (after entry of the appropriate query)
that David Perez Bail Bonds, Inc., is a California corporation. See Fed. R. Evid. 201
(courts may take judicial notice of facts obtained “from sources whose accuracy cannot
reasonably be questioned”).
1

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

CV 17-7324 RSWL (FFM)

Date

Title

October 10, 2017

Gerold Davis v. Paula Cavy, et al.

Additionally, Plaintiff’s application itself is facially deficient. In the application,
Plaintiff states that he has not received any income in the past twelve months and that he
does not have any money in a checking or savings account. However, Plaintiff
presumably receives money from some source in order to pay for food, lodging, and
other basic necessities. Plaintiff was required to list the source(s) and amount of that
income in the application.
For the foregoing reasons, Plaintiff is ordered to show cause, in writing and within
ten (10) days of the date of this Order, why his application to proceed in forma pauperis
should not be denied for lack of jurisdiction and/or a failure to provide sufficient
information for the Court to determine indigency. In his response to this Order, Plaintiff
shall either inform the Court of any income sources or, if he truly lacks any income,
explain how he supports himself financially. Should Plaintiff fail to respond to this
Order within ten (10) days, this action is subject to dismissal for failure to prosecute
and/or failure to comply with a Court order.
IT IS SO ORDERED.
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

JM

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