Willard v. Waddle
ORDER to Either: (1) Submit New, Completed Application to Proceed In Forma Pauperis and Declaration; or Pay $400.00 Filing Fee signed by Magistrate Judge Gary S. Austin on 10/27/2017. (Attachments: # 1 IFP Application Form)(Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOSHUA A. WILLARD,
ORDER TO EITHER:
SUBMIT NEW, COMPLETED
APPLICATION TO PROCEED
IN FORMA PAUPERIS AND
PAY $400.00 FILING FEE
Joshua A. Willard (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on
October 24, 2017, together with an application to proceed in forma pauperis. (ECF Nos. 1, 2.)
Plaintiff’s application to proceed in forma pauperis is not completed. Plaintiff did not
respond to question number 4 which asks, “Do you have cash (includes balance of checking or
savings accounts)? If ‘yes’ state the total amount.” (ECF No. 2 at 2 ¶4.)
Without knowing Plaintiff’s present financial status, the court cannot grant the
application. Therefore, Plaintiff shall be required to submit a new, completed application to
proceed in forma pauperis, providing all of the information requested, or pay the $400.00 filing
fee for this action, within twenty days. If Plaintiff chooses not to pay the filing fee, Plaintiff is
also required to file a declaration, signed under penalty of perjury,1 explaining why he is unable
to pay the filing fee when the certified copy of his prison trust account statement shows
deposits to his account during the past six months of $1,428.57 (06/07/17); $1,428.57
(07/03/17); $1,000.00 (07/05/17); $428.57 (07/06/17); and $3,000.00 (10/20/17). (See Trust
Account Statement, ECF No. 6.)
Accordingly, IT IS HEREBY ORDERED that within thirty (30) days of the date of
service of this order, Plaintiff shall either:
Submit the attached application to proceed in forma pauperis, completed and
signed, together with a declaration as described in this order; or
Pay the $400.00 filing fee for this action; and
Failure to comply with this order will result in dismissal of this action.
IT IS SO ORDERED.
October 27, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
The declaration must be dated and signed by Plaintiff, attesting under penalty of perjury to facts known by the
declarant, in substantially the following form: “I declare under penalty of perjury that the foregoing is true and
correct. Executed on (date) . (Signature).” Such a declaration, if properly prepared, is admissible in federal court
with the same effect as an affidavit. 28 U.S.C. ' 1746.
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