Fernandes v. Franchise Tax Board Vehicle Registration Collections

Filing 3

ORDER directing plaintiff to pay the $350.00 filing fee or submit a completed IFP; Order directing clerk to send plaintiff a blank IFP application for a person who is not incarcerated. IFP or Filing Fee due by 4/20/2007. Order signed by Judge Sandra M. Snyder on 3/29/2007. (Attachments: # 1 IFP Application)(Timken, A)

Fernandes v. Franchise Tax Board Vehicle Registration Collections

Doc. 3

Case 1:07-cv-00420-AWI-SMS

Document 3

Filed 03/30/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is proceeding pro se with this action. The matter / vs. FRANCHISE TAX BOARD VEHICLE REGISTRATION COLLECTIONS, DAVID W. FERNANDES, Plaintiff, 1:07-cv-00420-AWI-SMS ORDER DIRECTING PLAINTIFF TO PAY THE $350.00 FILING FEE OR SUBMIT A COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS BY APRIL 20, 2007 ORDER DIRECTING CLERK TO SEND PLAINTIFF A BLANK IN FORMA PAUPERIS APPLICATION FOR A PERSON WHO IS NOT INCARCERATED UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-304. On March 16, 2007,

plaintiff filed a complaint and a motion to proceed in forma pauperis. Title 28 U.S.C. § 1915(a)(1) provides that any court of the United States may authorize the commencement, prosecution of defense of any civil or criminal suit, action, proceeding, or any appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets the person possesses and that the person is unable to 1
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Case 1:07-cv-00420-AWI-SMS

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Filed 03/30/2007

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pay such fees or give security therefor.

Id.; Floyd v. United

States Postal Service, 105 F.3d 274, 275-77 (6th Cir. 1997), modified on other grounds in Callihan v. Schneider, 178 F.3d 800, 801 (6th Cir. 1999). Plaintiff did not complete his application, and the Court cannot determine whether plaintiff qualifies financially to proceed in forma pauperis. The Court must have all the Specifically, in

information requested in the application.

No. 3.c., plaintiff affirmatively indicated that in the past twelve months, he has received pensions, annuities or life insurance payments. However, he did not describe each source of

money, or the amount received, or whether he expects to continue to receive same. Without this information, the Court cannot However, the

determine whether to grant or deny his application.

Court will afford plaintiff one last opportunity either to pay the filing fee OR submit a new and completed application to proceed in forma pauperis. Accordingly, it is HEREBY ORDERED that plaintiff either SUBMIT a new and completed application to proceed in forma pauperis OR PAY the filing fee on or before April 20, 2007. The

Clerk is DIRECTED to send plaintiff, together with this order, a blank application to proceed in forma pauperis for a person not in custody. Until receipt of the new and completed application

or the expiration for filing same, plaintiff's complaint and other documents shall remain with the Court. However, the Court

will not proceed with screening the complaint or other procedures relating to service until receipt of the filing fee OR a new and completed application to proceed in forma pauperis. 2

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Plaintiff is warned that failure to comply with this order will result in a recommendation that plaintiff's action be dismissed for failure to prosecute and failure to comply with an order of the Court. IT IS SO ORDERED. Dated: icido3 March 29, 2007 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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