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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CAIN A. GONZALES, 11 12 13 Plaintiff, v. CITY OF CLOVIS, et al., 14 CASE No. 1:17-cv-00282-LJO-MJS (PC) ORDER DENYING, WITHOUT PREJUDICE, MOTION TO PROCEED IN FORMA PAUPERIS (ECF NO. 2) Defendants. 15 16 17 Plaintiff Cain A. Gonzales has filed this civil rights action pursuant to 42 U.S.C. 18 § 1983. Before the Court is a February 27, 2017 motion to proceed in forma pauperis 19 filed by an individual named Tara Jones. 20 Ms. Jones is not a party to this action. Her application to proceed in forma 21 pauperis, representing her own financial circumstances, has no bearing on Plaintiff’s 22 ability to proceed in forma pauperis in this action. Furthermore, Ms. Jones does not 23 appear to be an attorney, and thus is prohibited from representing Plaintiff in this action 24 or appearing on his behalf. C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 25 (9th Cir.1987) (holding that a pro se litigant may not appear as an attorney for others); 26 Welch v. Terhune, 11 F. App'x 747, 747 (9th Cir. 2001) (same). 27 Based on the foregoing, it is HEREBY ORDERED that: 28 1. The motion to proceed in forma pauperis is HEREBY DENIED 1 1 2 without prejudice to Plaintiff filing a motion on his own behalf; 2. 3 4 The Clerk’s Office shall send plaintiff a regular civil in forma pauperis application; 3. Within thirty (30) days from the date of service of this order, Plaintiff 5 shall either file a completed regular civil in forma pauperis 6 application or pay the $400.00 filing fee in full. 7 8 If Plaintiff fails to obey this order, the undersigned will recommend dismissal of this action. 9 10 11 IT IS SO ORDERED. Dated: March 7, 2017 /s/ 12 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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