Acord v. Champions Recovery Alternatives et al

Filing 3

ORDER Denying In Forma Pauperis Application without Prejudice and to Submit a Completed Application to Proceed In Forma Pauperis or Pay Filing Fee signed by Magistrate Judge Erica P. Grosjean on 09/14/2017. Motion for IFP due by 10/16/2017. (Attachments: # 1 IFP Application Form)(Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD ACORD, 11 12 Case No. 1:17-cv-01145-LGO-EPG Plaintiff, ORDER DENYING IN FORMA PAUPERIS APPLICATION WITHOUT PREJUDICE AND TO SUBMIT A COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE v. 13 14 15 CHAMPIONS RECOVERY ALTERNATIVES, et al., (ECF No. 2) Defendants. 16 17 Plaintiff Richard Acord is proceeding pro se in this action pursuant to 42 U.S.C. § 1983. 18 On August 25, 2017, Plaintiff submitted an application to proceed in forma pauperis (“IFP”) 19 pursuant to 28 U.S.C. § 1915. (ECF No. 2.) 20 A civil action may proceed despite a failure to prepay the entire filing fee only if the 21 party initiating the action is granted leave to proceed IFP. See Rodriguez v. Cook, 169 F.3d 1176, 22 1177 (9th Cir. 1999). In applying to proceed IFP, a plaintiff must submit an affidavit that 23 “state[s] the facts as to [the] affiant’s poverty with some particularity, definiteness and 24 certainty.” Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960) (“The right to proceed in 25 forma paupers is not an unqualified one. It is a privilege, rather than a right”). Under 28 U.S.C. § 26 1915, as amended by the Prison Litigation Reform Act (“PLRA”), a prisoner seeking leave to 27 proceed IFP must also submit a “certified copy of the trust fund account statement (or 28 institutional equivalent) for ... the six-month period immediately preceding the filing of the 1 1 complaint.” 28 U.S.C. § 1915(a)(2); Andrews v. King, 398 F.3d 1113, 1119 (9th Cir. 2005). 2 Plaintiff fails to submit an affidavit stating his assets with any particularity. In his motion, 3 Plaintiff only states that he is in custody in Kings County Jail and is “without funds or assets to 4 raise the funds to pay the filing cost in this matter.” (ECF No. 2.) The Court is not able to 5 consider Plaintiff’s application until the requisite information is provided. Therefore, if Plaintiff 6 wishes to proceed in forma pauperis, he shall file a completed application no later than October 7 16, 2017. Alternatively, Plaintiff may pay the filing fee by that same date. 8 Accordingly, IT IS HEREBY ORDERED that: 9 The Clerk shall attach an application to proceed in forma pauperis to this Order. No later 10 than October 16, 2017, Plaintiff shall submit the attached application fully completed and 11 signed, or in the alternative, pay the filing fee. 12 No extensions will be granted without a showing of good cause. Failure to timely 13 comply with this order will result in a recommendation that the application be denied. 14 15 16 IT IS SO ORDERED. Dated: September 14, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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