Williams v. De-Anda
Filing
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ORDER Denying Motion to Proceed in Forma Pauperis 7 and Requiring Plaintiff to Pay $400.00 Filing Fee within Thirty Days; ORDER Denying Motion to Compel 6 , signed by Magistrate Judge Dennis L. Beck on 1/30/15. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL B. WILLIAMS,
Plaintiff,
Case No. 1:15-cv-00028 DLB (PC)
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SUSAN DE ANDA,
ORDER DENYING MOTION TO PROCEED
IN FORMA PAUPERIS AND REQUIRING
PLAINTIFF TO PAY $400.00 FILING FEE
WITHIN THIRTY DAYS
[ECF No. 7]
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Defendant.
_____________________________________/
ORDER DENYING MOTION TO COMPEL
[ECF No. 6]
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v.
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Plaintiff Michael B. Williams, a civil detainee proceeding pro se, filed this civil rights
17 action pursuant to 42 U.S.C. § 1983 on January 5, 2015. The Court ordered Plaintiff to file an
18 application to proceed in forma pauperis or pay the $400.00 filing fee on January 12, 2015. On
19 January 26, 2015, Plaintiff filed an application to proceed in forma pauperis. Also on January 26,
20 2015, Plaintiff filed a motion to compel.
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According to Plaintiff’s application, he currently has $10,593.30 in his trust account.
22 Based on this balance, Plaintiff is ineligible to proceed in forma pauperis in this action. 28 U.S.C.
23 § 1915(a)(1).
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Also pending before the Court is Plaintiff’s motion to compel. Plaintiff seeks an order
25 directing the hospital patient’s trust officer to provide a certified copy of his trust account
26 statement. Plaintiff’s motion will be denied. The Court has before it Plaintiff’s declaration under
27 perjury that his current account balance is $10,598.30. Insofar as Plaintiff is a civil detainee, the
28 Court does not require more to make its determination. 28 U.S.C. § 1915(a)(1).
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Accordingly, IT IS HEREBY ORDERED:
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1) Plaintiff’s motion for leave to proceed in forma pauperis is HEREBY DENIED, and
3 Plaintiff has thirty (30) days from the date of service of this order within which to pay the
4 $400.00 filing fee. If Plaintiff fails to pay the filing fee in compliance with this order, this
5 action will be dismissed, without prejudice; and
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2) Plaintiff’s motion to compel is DENIED.
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IT IS SO ORDERED.
Dated:
/s/ Dennis
January 30, 2015
L. Beck
UNITED STATES MAGISTRATE JUDGE
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