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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA A. WILLARD, 12 Plaintiff, 13 vs. 14 1:17-cv-01425-GSA-PC ORDER TO EITHER: C. WADDLE, 15 (1) SUBMIT NEW, COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS AND DECLARATION; Defendant. OR 16 17 18 (2) PAY $400.00 FILING FEE THIRTY-DAY DEADLINE 19 Joshua A. Willard (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 20 action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on 21 October 24, 2017, together with an application to proceed in forma pauperis. (ECF Nos. 1, 2.) 22 Plaintiff’s application to proceed in forma pauperis is not completed. Plaintiff did not 23 respond to question number 4 which asks, “Do you have cash (includes balance of checking or 24 savings accounts)? If ‘yes’ state the total amount.” (ECF No. 2 at 2 ¶4.) 25 Without knowing Plaintiff’s present financial status, the court cannot grant the 26 application. Therefore, Plaintiff shall be required to submit a new, completed application to 27 proceed in forma pauperis, providing all of the information requested, or pay the $400.00 filing 28 fee for this action, within twenty days. If Plaintiff chooses not to pay the filing fee, Plaintiff is 1 1 also required to file a declaration, signed under penalty of perjury,1 explaining why he is unable 2 to pay the filing fee when the certified copy of his prison trust account statement shows 3 deposits to his account during the past six months of $1,428.57 (06/07/17); $1,428.57 4 (07/03/17); $1,000.00 (07/05/17); $428.57 (07/06/17); and $3,000.00 (10/20/17). (See Trust 5 Account Statement, ECF No. 6.) 6 7 Accordingly, IT IS HEREBY ORDERED that within thirty (30) days of the date of service of this order, Plaintiff shall either: 8 1. 9 Submit the attached application to proceed in forma pauperis, completed and signed, together with a declaration as described in this order; or 10 2. Pay the $400.00 filing fee for this action; and 11 3. Failure to comply with this order will result in dismissal of this action. 12 13 IT IS SO ORDERED. Dated: 14 October 27, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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. 2

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