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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,

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Plaintiff,

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1:14-cv-01234-LJO-GSA-PC
Appeal case no. 17-15090

vs.
JEFFREY BEARD, et al.,

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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

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Reginald Ray York (“Plaintiff”) is a state prisoner proceeding pro se with this civil

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rights action pursuant to 42 U.S.C. § 1983. On September 14, 2019, Plaintiff paid the $400.00

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filing fee for this action in full. (Court Record.) On June 8, 2016, this case was dismissed with

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prejudice for lack of standing, and judgment was entered, closing this case. (ECF Nos. 35, 36.)

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On January 17, 2017, Plaintiff filed a notice of appeal to the Ninth Circuit Court of

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Appeals, case number 17-15090. (ECF No. 45.) On February 6, 2017, Plaintiff filed a

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handwritten motion for leave to proceed in forma pauperis on appeal, together with a certified

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copy of his prison trust account statement showing activity from 8/1/16 to 1/25/17. (ECF No.

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48.)

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On March 15, 2017, the court issued an order requiring Plaintiff submit a completed

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form application to proceed in forma pauperis, together with an affidavit claiming an

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entitlement to redress and stating the issues that he intends to present on appeal, within twenty
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days.

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affidavit. (ECF No. 50.)

(ECF No. 49.)

On March 30, 2017, Plaintiff submitted the form application and

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Plaintiff’s affidavit includes all of the information requested. (ECF No. 50 at 3-4.)

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However, Plaintiff’s form application to proceed in forma pauperis does not include all of the

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information requested.

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Question 3(e) states, “Have you received any money from . . . gifts or inheritances over

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the last twelve months?” (ECF No. 50 ¶3(e).) Plaintiff responded, “Yes.” Next, Plaintiff was

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asked to “describe . . . each source of money, state the amount received, as well as what you

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expect you will continue to receive.” Plaintiff responded, “Money from family members for

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canteen from time to time.” This response in incomplete, because Plaintiff did not state the

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amount received or what he expects he will continue to receive. Plaintiff must provide the

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missing information.

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Question 4 states, “Do you have cash (includes balance of checking or savings

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accounts)?” (ECF No. 50 ¶4.) Plaintiff responded, “Yes.” Next, Plaintiff was asked to “state

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the total amount.” Plaintiff responded, “the court has statement.” This response is insufficient.

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It appears that Plaintiff is referring to the copy of Plaintiff’s prison trust account statement

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which the court received on January 17, 2017. However, Question 4 is asking how much cash

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Plaintiff has, not how much is in his prison trust account. Plaintiff must answer whether he has

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cash (other than in his prison trust account) and if so, how much.

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Plaintiff shall be provided with another form application to proceed in forma pauperis

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for completion and return to the court. Plaintiff must complete the new application, providing

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all of the information requested, and submit the application to the court within fourteen (14)

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days. Plaintiff is not required to submit another copy of his prison trust account or another

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affidavit, as the court already has these documents on file.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Clerk is directed to send Plaintiff an application to proceed in forma
pauperis;

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2.

Within fourteen (14) days from the date of service of this order, Plaintiff is

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required to complete the enclosed application to proceed in forma pauperis and

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submit it to the court, providing all of the information requested, as discussed

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above;

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3.

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The Clerk is directed to serve a copy of this order on the Ninth Circuit Court of
Appeals; and

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If Plaintiff fails to comply with this order, the court shall deny his motion to
proceed in forma pauperis on appeal.

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IT IS SO ORDERED.
Dated:

April 13, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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