Maxey v. Brown, et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 10/30/14 ORDERING that within twenty days from the date of service of this order, plaintiff shall submit the appropriate filing fee or file a second application to proceed in forma pauperis. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES C. MAXEY,

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No. 2:14-cv-02507-MCE-AC

Plaintiff,
v.

ORDER

EDMUND G. BROWN, ET AL.,
Defendants.

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Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in which he

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states that his gross and take home pay is $720.00. ECF No. 2. Plaintiff does not specify how

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often he is paid, nor does he state whether he has earned income from other sources in the past

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twelve months. Id.

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Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action

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in federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an

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action “without prepayment of fees and costs or security therefor, by a person who makes

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affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a).

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Plaintiff’s affidavit provides only partial information. Accordingly, plaintiff has made an

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inadequate showing of indigency. See, e.g., Thompson v. United States, 103 Fed. Cl. 16, 18–19

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(2011) (citing 28 U.S.C. § 1915(a)(1)). Plaintiff will therefore be granted twenty days in which to

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submit either the appropriate filing fee to the Clerk of the Court or a second application to
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proceed in forma pauperis. If plaintiff decides to file a second application to proceed in forma

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pauperis he must complete the form in full. Plaintiff is cautioned that failure to pay the fee or file

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a second application to proceed in forma pauperis will result in a recommendation that the instant

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action be dismissed with prejudice.

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Accordingly, IT IS HEREBY ORDERED that, within twenty days from the date of

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service of this order, plaintiff shall submit the appropriate filing fee or file a second application to

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proceed in forma pauperis.

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DATED: October 30, 2014

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