Halliday et al v. Spjute et al

Filing 428

ORDER granting 423 Motion to Proceed IFP signed by Magistrate Judge Erica P. Grosjean on 8/17/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL IOANE, et al.,

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Plaintiffs,
v.

Case No. 1:07-cv-00620-AWI-EPG
ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS

KENT SPJUTE, et al.,
Defendants.

(ECF No. 423)

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Plaintiff Michael S. Ioane (“Plaintiff”) is a federal prisoner in Taft Correctional

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Institution. On August 10, 2016, Judge Anthony W. Ishii ordered Plaintiff to file an application

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to proceed in forma pauperis in this case. The application was to be filed no later than August 18,

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2016, so that the Court would have time to rule on the application before August 22, 2016, the

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date of a hearing on issues that are likely to be influenced by Plaintiff’s potential in forma

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pauperis status. (ECF No. 418.) Plaintiff filed his application on August 15, 2016 and has now

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requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 423.)

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The application requires the submission of a certified statement “showing all receipts,

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expenditures, and balances during the last six months for any institutional account” in Plaintiff’s

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name. (ECF No. 423.) Because Plaintiff only learned that he would be required to submit this

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application on August 10, 2016, however, and such a certified statement typically requires time to

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obtain, Plaintiff has opted to submit a declaration signed under penalty of perjury providing the
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required information. Plaintiff also notes that he requested the required information on August

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10, 2016. The information furnished by Plaintiff makes the showing required by § 1915(a).

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Accordingly, the request to proceed in forma pauperis is GRANTED. 28 U.S.C. § 1915(a).

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Plaintiff is still required to file the required statement when it is available, however, and the Court

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may opt to revisit Plaintiff’s status at that time.

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IT IS SO ORDERED.
Dated:

August 17, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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