(PC) Muldrew v. Marroquin et al
ORDER to Either: (1) Submit New, Completed Application to Proceed In Forma Pauperis; or (2) Pay $402.00 Filing Fee in Full signed by Magistrate Judge Gary S. Austin on 9/14/2022. Motion for IFP or Fee due within twenty (20) days. (Attachments: # 1 IFP Application). (Lawrence, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER TO EITHER:
SUBMIT NEW, COMPLETED
PROCEED IN FORMA
MARROQUIN, et al.,
PAY $402.00 FILING FEE
ORDER FOR CLERK TO SEND
PLAINTIFF AN APPLICATION TO
PROCEED IN FORMA PAUPERIS
Christopher Muldrew (“Plaintiff”) is a state prisoner proceeding pro se with this civil
rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action
on August 18, 2022, together with an application to proceed in forma pauperis under 28 U.S.C.
§ 1915. (ECF Nos. 1, 2.) However, Plaintiff did not complete all parts of the application.
Page one, part 3 of the application asks, “Have you received any money from the
following sources over the last twelve months?” (ECF No. 2 at 1 ¶3.) Plaintiff failed to answer
whether he had received any money from “(f) Any other sources.” (Id.) If the answer is “yes,”
Plaintiff is also required to “describe by that item each source of money, state the amount
received, as well as what you expect you will continue to receive (attach an additional sheet if
necessary.” (Id. )
On page two of the application, Plaintiff answered “yes” to the question “Do you have
cash (includes balance of checking or savings accounts)?” but then answered “N/A” when asked
to state the total amount. (Id. at 2 ¶ 4.) Plaintiff must describe by that item “each source of
money, state the amount received, as well as what you expect you will continue to receive.” (Id.)
Without knowing Plaintiff’s present financial status the court cannot grant his application
to proceed in forma pauperis. Plaintiff shall be granted another opportunity to submit a new
completed application to proceed in forma pauperis, providing all of the information requested,
or pay the $402.00 filing fee for this action, within twenty days.1
Accordingly, IT IS HEREBY ORDERED that:
The Clerk shall send Plaintiff an application to proceed in forma pauperis;
Within twenty (20) days of the date of service of this order, Plaintiff shall either:
completed and signed; or
Pay the $402.00 filing fee for this action;
Plaintiff is not required to submit another certified copy of his prison trust
Submit an application to proceed in forma pauperis to the court,
No requests for extension of time will be granted without a showing of good
Plaintiff’s failure to comply with this order will result in a recommendation
that this action be dismissed.
IT IS SO ORDERED.
September 14, 2022
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
Plaintiff is not required to submit another certified copy of his prison trust account
statement. The court received a certified copy on August 18, 2022. (ECF No. 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?