Miller v. Navarro et al

Filing 7

ORDER DENYING Application to Proceed in Forma Pauperis, Without Prejudice signed by Magistrate Judge Stanley A. Boone on 10/26/17: 45-Day Deadline. (Attachments: # 1 IFP Application - blank form)(Hellings, J)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12
13
14
15

Case No.: 1:17-cv-01309 SAB (PC)

GERALD LEE MILLER,

ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS,
WITHOUT PREJUDICE

Plaintiff,
v.

FORTY-FIVE (45) DAY DEADLINE

J. NAVARRO, et al.,

16

Defendants.

17
18
19
20

Plaintiff Gerald Lee Miller is a state prisoner proceeding pro se in a civil rights action
pursuant to 42 U.S.C. ' 1983. Plaintiff initiated this action on October 2, 2017.
On October 5, 2017, the Court issued an order requiring Plaintiff to either pay the $400.00

21

filing fee for this action, or to submit an application to proceed in forma pauperis pursuant to 28

22

U.S.C. ' 1915.

23

On October 25, 2017, Plaintiff timely filed an application requesting to proceed in forma

24

pauperis, supported by a certified trust account statement. (ECF No. 6.) Question three (3) of the

25

application requests that Plaintiff indicate whether he received money from any sources in the

26

past twelve months. Plaintiff indicated that he had received gifts. The form then asks Plaintiff to

27

describe the source of the gifts and state the amount received and what he expects to receive in

28

the future, if anything. (Id. at 1.) Additional sheets may be attached, if necessary. However,
1

1

Plaintiff did not provide any of that information on the form or any attachment. The application

2

must be completed with all requested information for the Court to properly consider Plaintiff’s

3

request.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1.

Plaintiff’s application to proceed in forma pauperis is denied, without prejudice;

6

2.

The Clerk’s Office shall send to Plaintiff an application to proceed in forma

7

paupris for a prisoner;

8
9
10

3.

submit the attached application to proceed in forma pauperis, completed and signed, or in the
alternative, pay the $400.00 filing fee for this action; and

11
12

Within forty-five (45) days of the date of service of this order, Plaintiff shall

4.

No requests for extension will be granted without a showing of good cause.

Failure to comply with this order will result in dismissal of this action.

13
14
15

IT IS SO ORDERED.
Dated:

October 26, 2017
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2