Duffy v. Los Banos Unified School District et al

Filing 5

ORDER Directing Plaintiff to Complete His Application to Proceed In Forma Pauperis signed by Magistrate Judge Gary S. Austin on 4/8/2015. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-00423---GSA

MARK DUFFY,
Plaintiff,
v.

ORDER DIRECTING PLAINTIFF TO
COMPLETE HIS APPLICATION TO
PROCEED IN FORMA PAUPERIS

LOS BANOS UNIFIED SCHOOL
DISTRICT, et al.,
Defendants.
On March 17, 2015, Plaintiff Mark Duffy (“Plaintiff”) filed a Complaint. (ECF Nos. 1, 2).
On that same date, Plaintiff filed an application to proceed in forma pauperis (“IFP”) in lieu of
paying the filing fee to commence a removal action in this Court. (ECF No. 3).

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A civil action may proceed despite a failure to prepay the entire filing fee only if the party
initiating the action is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See

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Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). In applying to proceed IFP, a plaintiff

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must submit an affidavit that “state[s] the facts as to [the] affiant’s poverty with some

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particularity, definiteness and certainty.” Jefferson v. United States, 277 F.2d 723, 725 (9th Cir.

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1960) (“The right to proceed in forma paupers is not an unqualified one. It is a privilege, rather

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than a right”); United States v. Shadley, No. 2:09-MC-80 WBS GGH, 2010 WL 2509910, at *1

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(E.D. Cal. June 17, 2010) (denying request to proceed IFP where applicant “failed to adequately

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document her financial status”).

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Plaintiff’s application to proceed IFP is incomplete. Although Plaintiff replied in the
affirmative when asked whether he owned any “real estate, stocks, bonds, securities, other

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financial instruments, automobiles or any other thing of value,” he declined to respond to the

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request on the application that he “describe the property and state its value.” (ECF No. 3).

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Accordingly, no later than April 24, 2015, Plaintiff must fully complete the application with the

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required information. Plaintiff is advised that failure to comply with the Court’s order may result

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in the denial of his application.

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IT IS SO ORDERED.
Dated:

April 8, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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