Gastelum v. Central Valley Hospitality LLC

Filing 4

ORDER Denying 3 Application to Proceed In Forma Pauperis Without Prejudice and Requiring Plaintiff to File Long Form Application or Pay Filing Fee, signed by Magistrate Judge Stanley A. Boone on 07/14/2021. IFP Due Within Twenty-Days. (Attachments: # 1 In Forma Pauperis-Long Form)(Maldonado, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 FERNANDO GASTELUM, Plaintiff, 11 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE AND REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION OR PAY FILING FEE v. 12 13 Case No. 1:21-cv-01079-NONE-SAB CENTRAL VALLEY HOSPITALITY, LLC, 14 Defendant. (ECF No. 3) TWENTY DAY DEADLINE 15 16 17 Fernando Gastelum filed a complaint in this action on July 12, 2021. (ECF No. 1.) 18 Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in 19 forma pauperis pursuant to 28 U.S.C. § 1915. However, Plaintiff’s application was not 20 sufficiently completed for the Court to determine if he is entitled to proceed in this action 21 without prepayment of fees. 22 In his application, Plaintiff indicates that he receives some gross pay or wages in addition 23 to his disability benefits, however, the space for the employer’s name and address was left blank. 24 Additionally, Plaintiff’s listed expenses are proffered to be approximately twice his income level. 25 Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 26 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 27 unwilling to complete and submit the long form application, Plaintiffs must pay the filing fee in 28 full. 1 1 Based upon the foregoing, it is HEREBY ORDERED that: 2 1. Plaintiff’s application to proceed in forma pauperis is DENIED without prejudice; 3 2. The Clerk of the Court is directed to forward an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239 to Plaintiff; 4 3. 5 Within twenty (20) days of the date of this order, Plaintiffs shall either (1) pay 6 the $402.00 filing fee for this action, or (2) complete and file the enclosed 7 Application to Proceed in District Court Without Prepaying Fees or Costs (Long 8 Form) – AO 239; and 4. 9 If Plaintiff fails to comply with this order, this action shall be dismissed for failure to pay the filing fee and failure to comply with a court order. 10 11 12 IT IS SO ORDERED. 13 Dated: July 14, 2021 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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