Bower v. Foster Farms

Filing 3

ORDER DENYING 2 Motion to Proceed IFP and Requiring Plaintiff to File Long Form Application or pay the $400.00 Filing Fee, signed by Magistrate Judge Stanley A. Boone on 01/21/2015.(20-Day Deadline) (Attachments: # 1 AO 239 Long Form) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARON BOWER,
Plaintiff,

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Case No. 1:15-cv-00079---SAB
ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
REQUIRING PLAINTIFF TO FILE LONG
FORM APPLICATION

v.
FOSTER FARMS,

ECF NO. 2
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Defendant.
TWENTY DAY DEADLINE

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Plaintiff Baron Bower (“Plaintiff”), appearing pro se in this action, filed the complaint in

18 this action on January 16, 2015. (ECF No. 1.) Plaintiff did not pay the filing fee in this action
19 and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
20 However, Plaintiff’s application was not adequately completed.

Plaintiff indicated that he

21 receives “Disability or workers compensation payments,” but did not respond to the question on
22 the in forma pauperis form asking Plaintiff to “describe ... each source of money and state the
23 amount received and what you expect you will continue to receive.” Plaintiff also did not
24 provide a response to the question asking Plaintiff to indicate how much he contributes to the
25 support of his wife and children.
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Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed

27 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is
28 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in

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1 full.
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Based upon the foregoing, it is HEREBY ORDERED that:

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1.

Plaintiff’s application to proceed in forma pauperis is DENIED without prejudice;

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2.

The Clerk of the Court is directed to forward an Application to Proceed in District
Court Without Prepaying Fees or Costs (Long Form) – AO 239 to Plaintiff;

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3.

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Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the

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$400.00 filing fee for this action, or (2) complete and file the enclosed

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Application to Proceed in District Court Without Prepaying Fees or Costs (Long

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Form) – AO 239; and
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If Plaintiff fails to comply with this order, this action shall be dismissed.

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IT IS SO ORDERED.

13 Dated:

January 21, 2015
UNITED STATES MAGISTRATE JUDGE

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