Phanvongkham et al v. GSF Properties, Inc. et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GSF PROPERTIES, INC., et al.,
Case No. 1:17-cv-00051-DAD-EPG
MOTIONS TO PROCEED IN FORMA
PAUPERIS AND GRANTE LEAVE TO REFILE
(ECF Nos. 6-7)
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
(ECF Nos. 2-3). On January 13, 2017, the Court issued an order striking all three filings
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
information concerning a minor. To the extent that the Plaintiffs intended to re-file Complaint
under seal, that request is denied due to the absence of good cause. See CAED-LR 141(a).
However, Plaintiffs again improperly included the full name of a minor in response to
question 7 in the Motions to Proceed In Forma Pauperis (ECF Nos. 6-7). As stated in the
Court’s January 13, 2017 order, documents filed on the public document may not contain
private identifying information concerning a minor. See Fed. R. Civ. P. 5.2; CAED-LR 140.
Furthermore, question 7 of the form clearly indicates that if the person is a dependent under the
age 18, the applicant must state the “initials only” of the minor.
Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, the Court hereby
STRIKES the re-filed Motions to Proceed In Forma Pauperis (ECF Nos. 6-7) from the docket
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.
IT IS SO ORDERED.
February 3, 2017
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?