U.S. Bank Trust, N.A. v. Mc Cormack et al
Filing
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ORDER REQUIRING Plaintiff to File Long Form Application; Twenty Day Deadline signed by Magistrate Judge Stanley A. Boone on 4/1/2015. (Attachments: # 1 IFP Long Form)(Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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U.S. BANK TRUST, N.A.,
Case No. 1:15-cv-00491---SAB
Plaintiff,
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ORDER REQUIRING PLAINTIFF TO FILE
LONG FORM APPLICATION
v.
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TWENTY DAY DEADLINE
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KENNETH J. MCCORMACK, et al.,
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Defendants.
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Defendant Kenneth J. McCormack (“Defendant”), appearing pro se in this action,
18 removed this action from state court on March 30, 2015. (ECF No. 1.) Defendant did not pay
19 the filing fee in this action and instead filed an application to proceed in forma pauperis pursuant
20 to 28 U.S.C. § 1915.
However, Defendant’s application was not adequately completed.
21 Defendant declined to answer several questions regarding other possible sources of income.
22 Further, according to the complaint in this action, Defendant has a wife, Co-Defendant Jennie
23 Hubbell McCormack. Defendant’s application fails to divulge any financial contribution Jennie
24 Hubbell McCormack provides to the household.
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Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed
26 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is
27 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in
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Based upon the foregoing, it is HEREBY ORDERED that:
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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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2.
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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, the Court will recommend that
Plaintiff’s application to proceed in forma pauperis be denied and that this action
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be dismissed.
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IT IS SO ORDERED.
13 Dated:
April 1, 2015
UNITED STATES MAGISTRATE JUDGE
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