Whitsitt v. Amazon.Com et al

Filing 5

ORDER TO SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 2/18/2014 ORDERING the plaintiff to show cause by 3/4/2014, as to why this action should not be dismissed for false statements made on the in forma pauperis affidavit. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM WHITSITT,

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No. 2:14-cv-416 TLN CKD PS

Plaintiff,
v.

ORDER TO SHOW CAUSE

AMAZON.COM, et al.,
Defendants.

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Plaintiff is proceeding in this action pro se. Plaintiff has requested authority pursuant to

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28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by

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Local Rule 302(c)(21).

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The federal in forma pauperis statute authorizes federal courts to dismiss a case where

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plaintiff makes false allegations in the affidavit in support of the in forma pauperis application.

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28 U.S.C. § 1915(e)(2)(A). The court may also dismiss an action if it is legally “frivolous or

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malicious,” fails to state a claim upon which relief may be granted, or seeks monetary relief from

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a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B).

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Plaintiff’s affidavit in support of the in forma pauperis application states that plaintiff has

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received no money from any source in the past twelve months. This statement contradicts the

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allegations of the instant complaint wherein plaintiff alleges he was employed by defendant for a

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period of time during the calendar year 2013. Plaintiff also fails to state, as required by the in
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forma pauperis application, the date of his last employment and the amount of his take home pay.

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In other complaints filed by plaintiff in this district, he has also repeatedly claimed to have no

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source of income or support, including any receipt of social welfare assistance such as

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Supplemental Security Income or General Assistance. See, e.g. 2:12-cv-289 JAM CKD PS, ECF

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No. 2; 2:12-cv-2167 GEB GGH PS, ECF No. 2; 2:13-cv 117 MCE AC PS, ECF No. 2; 2:13-cv-

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118 KJM GGH PS, ECF No. 2; 2:13-cv-119 GEB CKD PS, ECF No. 2. Plaintiff’s statement,

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made under penalty of perjury, that he has received no income from employment or other sources

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is also plainly belied by allegations in the complaint filed in case no. 2:13-cv-119 GEB CKD PS,

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wherein plaintiff alleged he was receiving pension benefits, and the allegations in case no. 2:13-

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cv 117 MCE AC PS, wherein plaintiff alleged he was temporarily employed in March 2012.
Plaintiff lists as his address a residential location in Stockton, California. Plaintiff has

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resided at this address since at least 2006. See 2:06-cv-0397 MCE JFM PS (plaintiff’s address in

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2006 same address as listed in current complaint). The veracity of plaintiff’s averments that he

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has absolutely no source of income, support, or assets, and has had none for several years, is

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seriously called into question by plaintiff’s apparent ability to support himself. Because it

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appears plaintiff has made material false statements on his affidavit in support of the application

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to proceed in forma pauperis, plaintiff shall be ordered to show cause why this action should not

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be dismissed under 28 U.S.C. § 1915(e)(2)(A).

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Accordingly, IT IS HEREBY ORDERED that no later than March 4, 2014, plaintiff shall

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show cause why this action should not be dismissed for false statements made on the in forma

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pauperis affidavit.

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Dated: February 18, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 whitsitt.ifp.osc

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