Warner v. Oregon & S.W. Wash Painters Pension Plan et al

Filing 3

REQUIRING Plaintiff to File Long Form Application to Proceed In Forma Pauperis, signed by Magistrate Judge Barbara A. McAuliffe on 6/9/17. Twenty-Day Deadline. (Attachments: # 1 IFP Application (Long Form)) (Marrujo, C)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 DONALD WARNER, 8 Plaintiff, 9 10 11 v. OREGON & S.W. WASH PAINTERS PENSION PLAN; STATE OF CALIFORNIA, 12 Case No. 1:17-cv-767 DAD-BAM REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED IN FORMA PAUPERIS TWENTY DAY DEADLINE Defendant. 13 14 Plaintiff Donald Warner, appearing pro se, filed this action challenging his Medicaid and 15 pension benefits on June 5, 2017. Plaintiff did not pay the filing fee in this action and instead 16 filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, 17 Plaintiff’s application was not adequately completed. Plaintiff’s application does not reflect all 18 the amount of income which is being received by his household. For that reason, the Court is 19 unable to determine if he is able to proceed in this action without prepayment of fees. 20 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 21 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 22 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 23 full. 24 Accordingly, IT IS HEREBY ORDERED THAT: 25 1. (Long Form) to Plaintiff; 26 27 28 The Clerk of the Court is directed to forward an in forma pauperis application 2. Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the $400.00 filing fee for this action, or (2) file an application to proceed in forma 1 1 2 pauperis without prepayment of the fee; and 3. If Plaintiff fails to comply with this order, this action shall be dismissed. 3 4 5 IT IS SO ORDERED. Dated: /s/ Barbara June 9, 2017 6 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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