Willard v. Waddle

Filing 7

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA A. WILLARD,

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Plaintiff,

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vs.

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1:17-cv-01425-GSA-PC
ORDER TO EITHER:

C. WADDLE,

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(1)

SUBMIT NEW, COMPLETED
APPLICATION TO PROCEED
IN FORMA PAUPERIS AND
DECLARATION;

Defendant.

OR

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(2)

PAY $400.00 FILING FEE

THIRTY-DAY DEADLINE

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Joshua A. Willard (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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October 24, 2017, together with an application to proceed in forma pauperis. (ECF Nos. 1, 2.)

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Plaintiff’s application to proceed in forma pauperis is not completed. Plaintiff did not

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respond to question number 4 which asks, “Do you have cash (includes balance of checking or

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savings accounts)? If ‘yes’ state the total amount.” (ECF No. 2 at 2 ¶4.)

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Without knowing Plaintiff’s present financial status, the court cannot grant the

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application. Therefore, Plaintiff shall be required to submit a new, completed application to

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proceed in forma pauperis, providing all of the information requested, or pay the $400.00 filing

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fee for this action, within twenty days. If Plaintiff chooses not to pay the filing fee, Plaintiff is
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also required to file a declaration, signed under penalty of perjury,1 explaining why he is unable

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to pay the filing fee when the certified copy of his prison trust account statement shows

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deposits to his account during the past six months of $1,428.57 (06/07/17); $1,428.57

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(07/03/17); $1,000.00 (07/05/17); $428.57 (07/06/17); and $3,000.00 (10/20/17). (See Trust

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Account Statement, ECF No. 6.)

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Accordingly, IT IS HEREBY ORDERED that within thirty (30) days of the date of
service of this order, Plaintiff shall either:

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1.

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Submit the attached application to proceed in forma pauperis, completed and
signed, together with a declaration as described in this order; or

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2.

Pay the $400.00 filing fee for this action; and

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3.

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

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IT IS SO ORDERED.
Dated:

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October 27, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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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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