Solorio v. Johnson, et al.

Filing 7

ORDER Directing Plaintiff to Complete his Application to Proceed in Forma Pauperis, signed by Magistrate Judge Gary S. Austin on 5/22/15. Deadline: 6/12/2015. (Attachments: # 1 IFP Application)(Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANSELMO SOLORIO,

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Plaintiff,
v.

1:15-cv-00657-LJO-GSA
ORDER DIRECTING PLAINTIFF TO
COMPLETE HIS APPLICATION TO
PROCEED IN FORMA PAUPERIS

GARY JOHNSON, et al.,
Defendants.

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On April 29, 2015, Plaintiff Anselmo Solorio (“Plaintiff”) filed a Complaint. (ECF No. 1.)

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On that same date, Plaintiff filed an application to proceed in forma pauperis (“IFP”) in lieu of

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paying the filing fee to commence a removal action in this Court. (ECF No. 2).

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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
Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). In applying to proceed IFP, a plaintiff
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”). Under 28 U.S.C. § 1915, as amended by the Prison Litigation

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Reform Act (“PLRA”), a prisoner seeking leave to proceed IFP must also submit a “certified

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copy of the trust fund account statement (or institutional equivalent) for ... the six-month period
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immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(2); Andrews v. King,
398 F.3d 1113, 1119 (9th Cir. 2005).
Plaintiff’s application to proceed IFP is incomplete. Plaintiff has submitted only a single
page of the IFP application and has failed to submit a certified copy of his trust account statement
as required by 28 U.S.C. § 1915(a)(2). Accordingly, no later than June 12, 2015, Plaintiff must
file a fully completed application with the required information or submit the required filing fee
for his Complaint. Plaintiff is advised that failure to comply with the Court’s order may
result in the denial of his application or dismissal of his case.

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IT IS SO ORDERED.
Dated:

May 22, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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