Berry v. Yosemite Community College District et al

Filing 9

ORDER GRANTING 8 Motion to Proceed IFP signed by Magistrate Judge Stanley A. Boone on 4/12/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBRA BERRY,

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Case No. 1:18-cv-00172-LJO-SAB
Plaintiff,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
(ECF Nos. 5, 8)
YOSEMITE COMMUNITY COLLEGE
DISTRICT, et al.,
Defendants.

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Plaintiff Debra Berry, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983 on

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January 29, 2018. (ECF No. 1.) She also filed a motion to proceed in forma pauperis. (ECF No.

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2.) On February 5, 2018, Plaintiff’s motion to proceed in forma pauperis was denied without

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prejudice because it did not include sufficient information for the Court to determine if she is

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entitled to proceed without prepayment of fees in this action. (ECF No. 3.) She was ordered to

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either submit the application to proceed in forma pauperis provided to her or pay the filing fee

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within thirty days of service of the order. (ECF No. 3.) Plaintiff had not filed the application,

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paid the filing fee, or otherwise responded to the order, so on March 15, 2018, the Court issued

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findings and recommendations recommending that this action be dismissed without prejudice for

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Plaintiff’s failure to pay the filing fee or submit an application to proceed in forma pauperis in

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compliance with the Court’s February 5, 2018 order. (ECF No. 4.)
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On March 27, 2018, Plaintiff filed an application to proceed in forma pauperis. (ECF No.

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5.) On March 30, 2018, the Court vacated the findings and recommendations and directed

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Plaintiff to file a long form application to proceed in forma pauperis or pay the filing fee. (ECF

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No. 6.)

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On April 11, 2018, Plaintiff filed a long form application to proceed in forma pauperis.

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(ECF No. 8.) Plaintiff’s application demonstrates entitlement to proceed without prepayment of

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fees. Notwithstanding this order, the Court does not direct that service be undertaken until the

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Court screens the complaint in due course and issues its screening order.
Accordingly, the Court GRANTS Plaintiff’s motion to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

April 12, 2018
UNITED STATES MAGISTRATE JUDGE

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