Bryant v. Sclaet Portfolio Servicing et al

Filing 3

ORDER Requiring Plaintiff to File Long Form Application to Proceed without Prepayment of Fees, signed by Magistrate Judge Stanley A. Boone on 9/14/17. Motion for IFP Due Within Twenty-One Days. (Attachments: # 1 Application for IFP)(Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARY J. BRYANT, Case No. 1:17-cv-01219-DAD-SAB Plaintiff, 12 ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES v. 13 14 SELECT SERVICES PORTFOLIO, et al., 15 Defendants. (ECF No. 2) TWENTY DAY DEADLINE 16 17 Plaintiff Mary Bryant, proceeding pro se, filed this action on September 11, 2017. (ECF 18 No. 1.) Along with her complaint, Plaintiff filed an application to proceed in this action without 19 prepayment of fees. Upon review of the application, Plaintiff states that she receives wages of 20 $320.00 but does not indicate whether this is weekly, monthly, etc. Further, Plaintiff indicated 21 that she also receives pension, annuity, or life insurance payments but did not indicate the 22 amount received. Plaintiff also failed to answer the question whether she has any case in a 23 checking or savings account. Therefore, the Court is unable to determine if Plaintiff is entitled to 24 proceed without prepayment of fees in this action. 25 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 26 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 27 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 28 full. 1 1 Based upon the foregoing, IT IS HEREBY ORDERED that: 2 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 Plaintiff; 3 2. 4 Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the 5 $400.00 filing fee for this action, or (2) complete and file the enclosed 6 Application to Proceed in District Court Without Prepaying Fees or Costs (Long 7 Form) – AO 239; and 3. 8 If Plaintiff fails to comply with this order, the Court shall recommend that this action be dismissed. 9 10 11 IT IS SO ORDERED. 12 Dated: September 14, 2017 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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