Rodriguez v. Bank of America, N.A. et al

Filing 3

ORDER DENYING 2 Application to Proceed In Forma Pauperis and REQUIRING Plaintiff to File Long Form Application, signed by Magistrate Judge Stanley A. Boone on 5/19/2015. Twenty-Day Deadline. (Attachments: # 1 IFP Application-Long Form) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO O. RODRIGUEZ,
Plaintiff,

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ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
REQUIRING PLAINTIFF TO FILE LONG
FORM APPLICATION

v.

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Case No. 1:15-cv-0749-LJO-SAB

BANK OF AMERICA, N.A., et al.,
(ECF No. 2)

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Defendants.
TWENTY DAY DEADLINE

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Plaintiff Alejandro O. Rodriguez (“Plaintiff”), appearing pro se in this action, filed the

18 complaint in this action on May 15, 2015. (ECF No. 1.) Plaintiff did not pay the filing fee in
19 this action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. §
20 1915. However, Plaintiff’s application contains inconsistencies making it unclear to the Court if
21 he is entitled to proceed without prepayment of fees. Plaintiff indicates that he has no income,
22 but that he contributes $1,100.00 to support other individuals in his home.
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Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed

24 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239.

Plaintiff’s

25 application must clearly indicate the monies received from all members of his family that
26 contribute to the household support. If Plaintiff is unwilling to complete and submit the long
27 form application, Plaintiff must pay the filing fee in full.
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Based upon the foregoing, it is HEREBY ORDERED that:

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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.

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May 19, 2015
UNITED STATES MAGISTRATE JUDGE

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