Phanvongkham et al v. GSF Properties, Inc. et al

Filing 8

ORDER STRIKING and SEALING Motions to Proceed IFP 6 , 7 and granting leave to refile signed by Magistrate Judge Erica P. Grosjean on 2/3/2017. (Filing Deadline: 2/23/2017). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 SISOMPHONE PHANVONGKHAM, FELICIA NAVARRO, 13 14 15 16 Plaintiffs, vs. GSF PROPERTIES, INC., et al., Case No. 1:17-cv-00051-DAD-EPG ORDER STRIKING AND SEALING MOTIONS TO PROCEED IN FORMA PAUPERIS AND GRANTE LEAVE TO REFILE (ECF Nos. 6-7) Defendants. 17 18 Plaintiffs Sisomphone Phanvongkham and Felicia Navarro, appearing pro se, filed a Complaint on January 12, 2017 (ECF No. 1) and two motions to proceed in forma pauperis 19 (ECF Nos. 2-3). On January 13, 2017, the Court issued an order striking all three filings 20 21 22 23 24 25 because they contained private identifying information concerning a minor. (ECF No. 4.) Leave was granted to re-file the documents. (Id.) On February 2, 2017, the Plaintiffs re-filed the complaint (ECF No. 5) and two motions to proceed in forma pauperis (ECF Nos. 6-7). The Court has reviewed the re-filed Complaint and Motions to Proceed In Forma Pauperis. The Court finds that re-filed Complaint does not contain private identifying 26 information concerning a minor. To the extent that the Plaintiffs intended to re-file Complaint 27 under seal, that request is denied due to the absence of good cause. See CAED-LR 141(a). 28 1 1 However, Plaintiffs again improperly included the full name of a minor in response to 2 question 7 in the Motions to Proceed In Forma Pauperis (ECF Nos. 6-7). As stated in the 3 Court’s January 13, 2017 order, documents filed on the public document may not contain 4 private identifying information concerning a minor. See Fed. R. Civ. P. 5.2; CAED-LR 140. 5 Furthermore, question 7 of the form clearly indicates that if the person is a dependent under the 6 age 18, the applicant must state the “initials only” of the minor. 7 Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, the Court hereby 8 STRIKES the re-filed Motions to Proceed In Forma Pauperis (ECF Nos. 6-7) from the docket 9 10 11 12 13 14 and directs Plaintiffs to re-file the motions in manner that complies with the rules of this Court within 14 days. The re-filed Complaint (ECF No. 5) may not be re-filed. Failure to follow the directives of this order will result in dismissal of this action. For the protection of the minor, the Clerk is directed to place the re-filed Motions to Proceed In Forma Pauperis (ECF Nos. 6-7) under seal. 15 16 IT IS SO ORDERED. 17 18 Dated: February 3, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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