Mitchell v. Security Pacific Bank et al

Filing 6

ORDER GRANTING 2 Motion to Proceed IFP; ORDER DISCHARGING ORDER TO SHOW CAUSE 4 , signed by Magistrate Judge Michael J. Seng on 03/7/2017. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HURSEL FLOYD MITCHELL,

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Plaintiff,

CASE No. 1:16-cv-00775-AWI-MJS (PC)
ORDER DISCHARGING
SHOW CAUSE

ORDER

TO

v.
(ECF NO. 4)
SECURITY PACIFIC BANK, et al.,
Defendants.

ORDER
GRANTING
MOTION
PROCEED IN FORMA PAUPERIS

TO

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(ECF NO. 2)

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Plaintiff Hursel Floyd Mitchell is proceeding pro se in this action. On June 3,

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2016, Plaintiff filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. section

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1915. (ECF No. 2.) That motion was incomplete as it did not include information

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regarding Plaintiff’s current income and expenses. Accordingly, on June 9, 2016, the

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Court ordered Plaintiff to provide additional information. (ECF No. 3.) When Plaintiff

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failed to comply, the Court ordered Plaintiff to show cause why sanctions should not be

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imposed. (ECF No. 4.) Plaintiff responded to the order to show cause on December 28,

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2016. (ECF No. 5.)

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In his response, Plaintiff states he is unable to provide the requested information

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regarding his income due to fraud that appears to be the basis for his underlying claims

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in this action. Nonetheless, documents attached to the response indicate that Plaintiff is

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unable to afford the fees for this litigation and that he is entitled to proceed without

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prepayment of fees.

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Based on the foregoing, it is HEREBY ORDERED that:

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1. The order to show cause is DISCHARGED; and

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2. Plaintiff’s motion to proceed in forma pauperis is GRANTED.

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IT IS SO ORDERED.
Dated:

March 7, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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