Swanson-Houston, et al. v. Sutter County Superintendent of Schools, et al.

Filing 3

ORDER denying 2 Motion to Proceed IFP signed by Judge Kimberly J. Mueller on 6/23/14: Plaintiffs must file renewed requests to proceed in forma pauperis or pay the complete filing fee within twenty-one days of the date of this order; if they do not comply, the action will be dismissed for failure to prosecute. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SWANSON, et al.,

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No. 2:14-cv-1431 KJM DAD

Plaintiffs,
v.

ORDER

YUBA CITY UNIFIED SCHOOL
DISTRICT, et al.,
Defendants.
Plaintiffs David Swanson, through his guardian ad litem Heather Swanson-

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Houston, and Heather Swanson-Houston suing on her own behalf, have filed this action alleging

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generally that defendants have refused to provide a free and appropriate education for Swanson

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and to accommodate his disability. ECF No. 1. Neither plaintiff has paid the filing fee, but

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Swanson has submitted a request to proceed in forma pauperis. ECF No. 2. Swanson-Houston

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has not sought to proceed in forma pauperis.

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“Where there are multiple plaintiffs in a single action, the plaintiffs may not

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proceed in forma pauperis unless all of them demonstrate inability to pay the filing fee.” Darden

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v. Indymac Bancorp, Inc., No. CIV S-09-2970 JAM DAD PS, 2009 WL 5206637, at *1 (E.D.

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Cal. Dec. 23, 2009); see also Seligman v. Hart, No. 12cv3067–LAB (BGS), 2013 WL 371991 at

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*1 (S.D. Cal. Jan. 15, 2013). As there has been no showing that Swanson Houston is unable to

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pay the filing fee or that the two plaintiffs together are unable to pay the fee, the motion to
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proceed in forma pauperis is denied. See Edmonds v. Carteret Police Dept., Civil Action No. 10–

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2304 (SDW), 2010 WL 4929279, at *2 (D.N.J. Nov. 230, 2010) (refusing to allow the action to

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proceed without payment of the filing fee when only one plaintiff had submitted financial

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information).

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IT IS THEREFORE ORDERED that:

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1. Swanson’s application to proceed in forma pauperis, ECF No. 2, is denied

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without prejudice;

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2. Plaintiffs must file renewed requests to proceed in forma pauperis or pay the

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complete filing fee within twenty-one days of the date of this order; if they do not comply, the

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action will be dismissed for failure to prosecute.

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DATED: June 23, 2014.

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UNITED STATES DISTRICT JUDGE

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