Talancon v. Fresno Police Department et al

Filing 6

ORDER Granting 5 Motion to Proceed IFP signed by Magistrate Judge Sandra M. Snyder on 12/04/2013. Declaration due by 1/7/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER TALANCON,
Plaintiff,

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Case No. 1:13-CV-01735-LJO-SMS
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS

v.
FRESNO POLICE DEPARTMENT, et al.,
Defendants.

(Doc. 5)

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Plaintiff Roger Talancon initially sought to proceed in forma pauperis by a motion filed

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October 25, 2013. The Court denied his request, permitting amendment to clarify certain
information that the Court believed was incomplete. On November 25, 2013, Plaintiff filed an
amended motion to proceed in forma pauperis. The Court now grants his motion.
A prisoner granted the right to proceed in forma pauperis is nonetheless obligated to pay the
statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). In his application to proceed in forma
pauperis, Plaintiff declares that he is presently a prisoner. His mailing address, however, indicates

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that he is presently detained at the headquarters of the El Paso Sector of the United States Border
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Patrol, 8915 Montana Avenue, El Paso, Texas. Without additional information regarding the nature
of Plaintiff's detention, the Court is unable to determine whether Plaintiff meets the definition of

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Prisoner set forth in 28 U.S.C. § 1915(h). Accordingly, the Court orders Plaintiff to file a
declaration, signed under oath, disclosing the nature of his detention.
In summary, the Court hereby ORDERS:

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1.

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granted;

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2.

Plaintiff's application to proceed in form pauperis is hereby

Within thirty (30) days, Plaintiff shall file with the Clerk of Court a

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declaration, signed by Plaintiff under oath, setting forth the nature of his
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detention at the headquarters of the El Paso Sector of the United States

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Border Patrol, 8915 Montana Avenue, El Paso, Texas; and

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3.

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"prisoner," as defined by 28 U.S.C. § 1915(h), the Court shall supplement

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In the event that the nature of Plaintiff's detention renders him a

this order setting forth further the conditions to which all prisoners

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proceeding in forma pauperis are subject.

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IT IS SO ORDERED.

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Dated:

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December 4, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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