Piper v. Harveys Casino et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/8/2016 VACATING 4 Findings and Recommendations; ORDERING the plaintiff to submit, within fourteen days, either a completed application and affidavit in support of his request to proceed in f orma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; CAUTIONING the plaintiff that a failure to comply with this order will result in a recommendation that this action be dismissed; DIRECTING the Clerk of Court to send the plaintiff a new Application to Proceed In Forma Pauperis. (Michel, G.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DOUGLAS PIPER,
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No. 2:16-cv-2374 GEB CKD PS
Plaintiff,
v.
ORDER
HARVEYS CASINO, et al.,
Defendants.
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By order filed October 6, 2016, plaintiff was directed to either submit a completed in
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forma pauperis application or pay the filing fee. Plaintiff did not respond to the court’s order. On
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October 26, 2016, the court recommended that the action be dismissed. Plaintiff has filed
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objections. The court will allow plaintiff one final opportunity to submit a completed in forma
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pauperis application.
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Plaintiff’s application states he has not received money from any source in the last twelve
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months, owns no cash and has no savings or checking accounts, and owns no property. The
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application on its face is not credible in light of plaintiff’s allegations in the complaint that he had
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sufficient funds to gamble and win tens of thousands of dollars. Any amended affidavit must set
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forth all resources plaintiff has, including receipt of disability benefits or general assistance and
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must state the last date of plaintiff’s employment and provide the other information required
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under question 2(b) of the form application. Plaintiff is advised that the application must be
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signed under penalty of perjury. Any misrepresentations to the court regarding plaintiff’s
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application will result in a recommendation that the action be dismissed. See 28 U.S.C. §
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1915(e)(2)(A).
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. The October 26, 2016 findings and recommendation are vacated;
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2. Plaintiff shall submit, within fourteen days from the date of this order, either a
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completed application and affidavit in support of his request to proceed in forma pauperis on the
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form provided by the Clerk of Court, or the appropriate filing fee; plaintiff’s failure to comply
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with this order will result in a recommendation that this action be dismissed; and
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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
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Forma Pauperis.
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Dated: November 8, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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