York v. Beard et al

Filing 51

ORDER for Plaintiff to Submit a New Application to Proceed In Forma Pauperis with all of the Information Requested signed by Magistrate Judge Gary S. Austin on 04/13/2017. (Attachments: # 1 IFP Application Form)(Flores, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD RAY YORK, 12 Plaintiff, 13 14 1:14-cv-01234-LJO-GSA-PC Appeal case no. 17-15090 vs. JEFFREY BEARD, et al., 15 Defendants. ORDER FOR PLAINTIFF TO SUBMIT A NEW APPLICATION TO PROCEED IN FORMA PAUPERIS WITH ALL OF THE INFORMATION REQUESTED (ECF No. 50.) FOURTEEN-DAY DEADLINE 16 17 Reginald Ray York (“Plaintiff”) is a state prisoner proceeding pro se with this civil 18 rights action pursuant to 42 U.S.C. § 1983. On September 14, 2019, Plaintiff paid the $400.00 19 filing fee for this action in full. (Court Record.) On June 8, 2016, this case was dismissed with 20 prejudice for lack of standing, and judgment was entered, closing this case. (ECF Nos. 35, 36.) 21 On January 17, 2017, Plaintiff filed a notice of appeal to the Ninth Circuit Court of 22 Appeals, case number 17-15090. (ECF No. 45.) On February 6, 2017, Plaintiff filed a 23 handwritten motion for leave to proceed in forma pauperis on appeal, together with a certified 24 copy of his prison trust account statement showing activity from 8/1/16 to 1/25/17. (ECF No. 25 48.) 26 On March 15, 2017, the court issued an order requiring Plaintiff submit a completed 27 form application to proceed in forma pauperis, together with an affidavit claiming an 28 entitlement to redress and stating the issues that he intends to present on appeal, within twenty 1 1 days. 2 affidavit. (ECF No. 50.) (ECF No. 49.) On March 30, 2017, Plaintiff submitted the form application and 3 Plaintiff’s affidavit includes all of the information requested. (ECF No. 50 at 3-4.) 4 However, Plaintiff’s form application to proceed in forma pauperis does not include all of the 5 information requested. 6 Question 3(e) states, “Have you received any money from . . . gifts or inheritances over 7 the last twelve months?” (ECF No. 50 ¶3(e).) Plaintiff responded, “Yes.” Next, Plaintiff was 8 asked to “describe . . . each source of money, state the amount received, as well as what you 9 expect you will continue to receive.” Plaintiff responded, “Money from family members for 10 canteen from time to time.” This response in incomplete, because Plaintiff did not state the 11 amount received or what he expects he will continue to receive. Plaintiff must provide the 12 missing information. 13 Question 4 states, “Do you have cash (includes balance of checking or savings 14 accounts)?” (ECF No. 50 ¶4.) Plaintiff responded, “Yes.” Next, Plaintiff was asked to “state 15 the total amount.” Plaintiff responded, “the court has statement.” This response is insufficient. 16 It appears that Plaintiff is referring to the copy of Plaintiff’s prison trust account statement 17 which the court received on January 17, 2017. However, Question 4 is asking how much cash 18 Plaintiff has, not how much is in his prison trust account. Plaintiff must answer whether he has 19 cash (other than in his prison trust account) and if so, how much. 20 Plaintiff shall be provided with another form application to proceed in forma pauperis 21 for completion and return to the court. Plaintiff must complete the new application, providing 22 all of the information requested, and submit the application to the court within fourteen (14) 23 days. Plaintiff is not required to submit another copy of his prison trust account or another 24 affidavit, as the court already has these documents on file. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. 27 28 The Clerk is directed to send Plaintiff an application to proceed in forma pauperis; /// 2 1 2. Within fourteen (14) days from the date of service of this order, Plaintiff is 2 required to complete the enclosed application to proceed in forma pauperis and 3 submit it to the court, providing all of the information requested, as discussed 4 above; 5 3. 6 7 The Clerk is directed to serve a copy of this order on the Ninth Circuit Court of Appeals; and 5. 8 If Plaintiff fails to comply with this order, the court shall deny his motion to proceed in forma pauperis on appeal. 9 10 11 12 IT IS SO ORDERED. Dated: April 13, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?