Gonzales v. City of Clovis, et al.

Filing 3

ORDER DENYING WITHOUT PREJUDICE 2 Motion to Proceed IFP and DIRECTING Plaintiff to File Completed IFP Application or Pay Filing Fee Within Thirty (30) Days signed by Magistrate Judge Michael J. Seng on 3/7/2017. (Attachments: # 1 IFP Application). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAIN A. GONZALES,

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Plaintiff,
v.
CITY OF CLOVIS, et al.,

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CASE No. 1:17-cv-00282-LJO-MJS (PC)
ORDER
DENYING,
WITHOUT
PREJUDICE, MOTION TO PROCEED IN
FORMA PAUPERIS
(ECF NO. 2)

Defendants.

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Plaintiff Cain A. Gonzales has filed this civil rights action pursuant to 42 U.S.C.

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§ 1983. Before the Court is a February 27, 2017 motion to proceed in forma pauperis

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filed by an individual named Tara Jones.

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Ms. Jones is not a party to this action. Her application to proceed in forma

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pauperis, representing her own financial circumstances, has no bearing on Plaintiff’s

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ability to proceed in forma pauperis in this action. Furthermore, Ms. Jones does not

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appear to be an attorney, and thus is prohibited from representing Plaintiff in this action

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or appearing on his behalf. C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697

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(9th Cir.1987) (holding that a pro se litigant may not appear as an attorney for others);

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Welch v. Terhune, 11 F. App'x 747, 747 (9th Cir. 2001) (same).

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

The motion to proceed in forma pauperis is HEREBY DENIED
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without prejudice to Plaintiff filing a motion on his own behalf;
2.

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The Clerk’s Office shall send plaintiff a regular civil in forma
pauperis application;

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Within thirty (30) days from the date of service of this order, Plaintiff

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shall either file a completed regular civil in forma pauperis

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application or pay the $400.00 filing fee in full.

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If Plaintiff fails to obey this order, the undersigned will recommend dismissal of
this action.

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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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