Williams v. Vista, et al.

Filing 3

ORDER DENYING 2 Application to Proceed In Forma Pauperis Without Prejudice and REQUIRING Plaintiff to File Long Form Application, signed by Magistrate Judge Stanley A. Boone on 11/18/2021. $402.00 filing fee or long form application to proceed in forma pauperis due within twenty-one (21) days. (Attachments: # 1 IFP Application Long Form) (Rivera, O)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PRINCE PAUL RAYMOND WILLIAMS, Plaintiff, 14 15 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE AND REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION Defendants. 12 13 Case No. 1:21-cv-01661-NONE-SAB (ECF No. 2) v. J. Vista, et al., TWENTY-ONE DAY DEADLINE 16 17 18 Plaintiff Prince Paul Raymond Williams, proceeding in this matter pro se, initiated this 19 civil rights action on November 17, 2021. (ECF No. 1.) Plaintiff did not pay the filing fee in 20 this action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 21 1915. (ECF No. 2.) 22 However, with respect to the questions regarding Plaintiff’s assets and expenses 23 (questions 5–6), Plaintiff fails to indicate any values but merely indicates all assets and expenses 24 are “N/A [not applicable].” (Id. at 2 (identifying assets including “any automobile, real estate, . 25 . . or other financial instrument or thing of value that I own,” and expenses including any housing, 26 transportation, utilities, loan payments, regular monthly expenses, support for dependents, debts, 27 and financial obligations).) Similarly, Plaintiff’s application indicates he has received a worker’s 28 compensation payment of an estimated $400.00 in February 2021 but does not clarify whether 1 1 Plaintiff expects to receive additional amounts in the future. (Id. at 1.) In response to question 2 7, which requires the names of all persons who are dependent on Plaintiff for support, his 3 relationship with each person, and how much he contributes to their support, Plaintiff merely 4 indicates two individuals by their initials and does not respond to the rest of the question. (Id. at 5 2.) Thus, it appears Plaintiff’s application was not sufficiently completed for the Court to 6 determine if he is entitled to proceed in this action without prepayment of fees. Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 7 8 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 9 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 10 full. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is DENIED without prejudice; 13 2. 14 The Clerk of the Court is directed to forward an in forma pauperis application (Long Form) to Plaintiff; 15 3. 16 Within twenty-one (21) days of the date of this order, Plaintiff shall either (1) pay 17 the $402.00 filing fee for this action, or (2) file a long form application to proceed 18 in forma pauperis without prepayment of the fee; and 4. 19 If Plaintiff fails to comply with this order, this action shall be dismissed. 20 21 IT IS SO ORDERED. 22 Dated: November 18, 2021 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?