(PC) Muldrew v. Marroquin et al

Filing 4

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER MULDREW,

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Plaintiff,
vs.

1:22-cv-01041-GSA-PC
ORDER TO EITHER:
(1)

SUBMIT NEW, COMPLETED
APPLICATION TO
PROCEED IN FORMA
PAUPERIS;

MARROQUIN, et al.,
Defendants.

OR

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(2)

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PAY $402.00 FILING FEE
IN FULL

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TWENTY-DAY DEADLINE

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ORDER FOR CLERK TO SEND
PLAINTIFF AN APPLICATION TO
PROCEED IN FORMA PAUPERIS

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Christopher Muldrew (“Plaintiff”) is a state prisoner proceeding pro se with this civil

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rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action

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on August 18, 2022, together with an application to proceed in forma pauperis under 28 U.S.C.

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§ 1915. (ECF Nos. 1, 2.) However, Plaintiff did not complete all parts of the application.

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Page one, part 3 of the application asks, “Have you received any money from the

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following sources over the last twelve months?” (ECF No. 2 at 1 ¶3.) Plaintiff failed to answer

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whether he had received any money from “(f) Any other sources.” (Id.) If the answer is “yes,”

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Plaintiff is also required to “describe by that item each source of money, state the amount

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received, as well as what you expect you will continue to receive (attach an additional sheet if

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necessary.” (Id. )
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On page two of the application, Plaintiff answered “yes” to the question “Do you have

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cash (includes balance of checking or savings accounts)?” but then answered “N/A” when asked

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to state the total amount. (Id. at 2 ¶ 4.) Plaintiff must describe by that item “each source of

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money, state the amount received, as well as what you expect you will continue to receive.” (Id.)

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Without knowing Plaintiff’s present financial status the court cannot grant his application

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to proceed in forma pauperis. Plaintiff shall be granted another opportunity to submit a new

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completed application to proceed in forma pauperis, providing all of the information requested,

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or pay the $402.00 filing fee for this action, within twenty days.1

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Clerk shall send Plaintiff an application to proceed in forma pauperis;

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2.

Within twenty (20) days of the date of service of this order, Plaintiff shall either:

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(a)

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completed and signed; or

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(b)
3.

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Pay the $402.00 filing fee for this action;

Plaintiff is not required to submit another certified copy of his prison trust
account statement;

4.

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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
cause; and

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Plaintiff’s failure to comply with this order will result in a recommendation
that this action be dismissed.

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IT IS SO ORDERED.
Dated:

September 14, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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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.)
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