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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SISOMPHONE PHANVONGKHAM,
FELICIA NAVARRO,

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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.

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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

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(ECF Nos. 2-3). On January 13, 2017, the Court issued an order striking all three filings
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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

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information concerning a minor. To the extent that the Plaintiffs intended to re-file Complaint

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under seal, that request is denied due to the absence of good cause. See CAED-LR 141(a).

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However, Plaintiffs again improperly included the full name of a minor in response to

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question 7 in the Motions to Proceed In Forma Pauperis (ECF Nos. 6-7). As stated in the

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Court’s January 13, 2017 order, documents filed on the public document may not contain

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private identifying information concerning a minor. See Fed. R. Civ. P. 5.2; CAED-LR 140.

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Furthermore, question 7 of the form clearly indicates that if the person is a dependent under the

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age 18, the applicant must state the “initials only” of the minor.

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Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, the Court hereby

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STRIKES the re-filed Motions to Proceed In Forma Pauperis (ECF Nos. 6-7) from the docket

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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.

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IT IS SO ORDERED.

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Dated:

February 3, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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