Duran et al v. AT&T et al

Filing 6

ORDER REQUIRING Plaintiff's to File Long Form Application, signed by Magistrate Judge Stanley A. Boone on 6/13/17. Twenty Day Deadline. (Attachments: # 1 IFP Application Long Form))(Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN DURAN, et al., Plaintiffs, 12 13 Case No. 1:17-cv-00738-DAD-SAB ORDER REQUIRING PLAINTIFFS TO FILE LONG FORM APPLICATION v. (ECF Nos. 2, 4, 5) 14 AT&T, et al., TWENTY DAY DEADLINE 15 Defendants. 16 17 Plaintiffs John Duran and Rosemary Duran (“Plaintiff”), appearing pro se in this action, 18 filed a complaint May 30,2017. (ECF No. 1.) Plaintiffs did not pay the filing fee in this action 19 and instead filed a motion to proceed in forma pauperis. Plaintiffs did not provide any 20 information by which the Court could determine if they were entitled to proceed in forma 21 pauperis so an order issued requiring Plaintiffs to file an application to proceed in forma pauperis 22 pursuant to 28 U.S.C. § 1915. 23 On June 9, 2017, Plaintiffs filed separate applications to proceed in forma pauperis. The 24 2017 Poverty Guidelines for the 48 contiguous states for a household of two is $16,240.00. 2017 25 Poverty Guidelines, located at https://aspe.hhs.gov/poverty-guidelines (last visited June 13, 26 2017). Based upon the applications filed, it appears that Plaintiffs are well above the poverty 27 level with a household income in excess of $3,000.00 per month, which would place their 28 household income above $36,000.00 per year. Further, John Duran’s application states that he 1 1 contributes the majority of his income for the support of his spouse. Accordingly, the Court will order Plaintiffs to complete and file an Application to 2 3 Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiffs 4 are unwilling to complete and submit the long form application, Plaintiffs must pay the filing fee 5 in full. 6 Based upon the foregoing, it is HEREBY ORDERED that: 7 1. The Clerk of the Court is directed to forward an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239 to each plaintiff; 8 2. 9 Within twenty (20) days of the date of this order, Plaintiffs shall either (1) pay 10 the $400.00 filing fee for this action, or (2) complete and file the enclosed 11 Application to Proceed in District Court Without Prepaying Fees or Costs (Long 12 Form) – AO 239; and 3. 13 If Plaintiffs fail to comply with this order, this action shall be dismissed. 14 15 IT IS SO ORDERED. 16 Dated: June 13, 2017 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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