Gonzales v. City of Clovis, et al.
Filing
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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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