Jones et al v. Tulare County et al

Filing 5

ORDER Directing Plaintiffs to Complete Their Applications to Proceed In Forma Pauperis re 2 , 3 signed by Magistrate Judge Erica P. Grosjean on 11/30/2015. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WENDY JONES, et al.,

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Plaintiffs,
v.
TULARE COUNTY, et al.,

Case No. 1:15-cv-01779---EPG
ORDER DIRECTING PLAINTIFFS TO
COMPLETE THEIR APPLICATIONS TO
PROCEED IN FORMA PAUPERIS
(ECF Nos. 2, 3)

Defendants.

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On November 24, 2015, Plaintiffs Wendy Jones and William Fabricius (“Plaintiffs”) filed

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a Complaint. (ECF No. 1.) On that same date, Plaintiffs filed applications to proceed in forma

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pauperis (“IFP”) in lieu of paying the filing fee to commence an action in this Court. (ECF Nos.

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2, 3.) Plaintiffs are represented by counsel.

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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”). Similarly, all “[a]ffidavits and certifications shall be signed by

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the person executing the document.” Local Rule 131(b).

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Plaintiffs have not submitted complete forms to apply for IFP status. Instead, Plaintiffs

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have filed forms that are almost entirely blank, with the exception of a single checked box

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indicating that Plaintiffs received income from “other sources.” The forms are not signed, nor do

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they even indicate who filled them out or which case they are filed in. (ECF Nos. 2, 3.) Before the

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Court can evaluate Plaintiffs’ applications to proceed without prepayment of fees, Plaintiffs must

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fully and appropriately fill them out.

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Plaintiffs shall fully and accurately complete their applications with the required
information and file them with the Court no later than December 7, 2015. Plaintiffs are advised

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that failure to comply with the Court’s order may result in the denial of the applications or

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dismissal of the case.

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IT IS SO ORDERED.

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Dated:

November 30, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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