Cook-Morales et al v. Davis et al

Filing 7

ORDER signed by Magistrate Judge Craig M. Kellison on 4/18/2018 DENYING without prejudice 2 Motion to Proceed IFP; Within 15 days, plaintiff shall either pay the filing fees for this action or submit a completed IFP application. (Fabillaran, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FERNANDO REGGIE
COOK-MORALES, SR.,

No. 2:16-cv-2388-MCE-CMK

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Plaintiff,
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vs.

ORDER

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WILLIAM J. DAVIS, et al.,
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Defendants.
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/

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Plaintiff, proceeding in propria persona, brings this civil rights action under 42

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U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to proceed in forma

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pauperis (Doc. 2). However, the motion is incomplete.

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To prevail on a motion for leave to proceed in forma pauperis, a plaintiff need not

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demonstrate s/he is completely destitute, but they must show that, because of their poverty, they

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cannot pay the filing fee and still provide their dependents with the necessities of life. See Adkins

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v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). A “showing of something more

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than mere hardship must be made.” Martin v. Gulf States Utilities Co., 221 F.Supp. 757, 759

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(W.D. LA 1963).

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Here, plaintiff’s application fails to set forth what income he may have. In

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response to question number 3, plaintiff marked that he receives disability or worker’s

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compensation and income from other sources. However, he failed to describe each source of

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money and the amount received as required.

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In addition, there is no response at all to questions 1 or 2, 4, and 5. Questions 1

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and 2 are alternatives, but one or the other is required, even if plaintiff is not currently employed.

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If plaintiff does not have the assets the questions are asking, he may state that he has none.

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However, he is required to answer the questions asked prior to being granted leave to proceed in

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forma pauperis.

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Plaintiff will be provided an opportunity to either pay the filing fees for this action

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or submit a completed application for leave to proceed in forma pauperis. Plaintiff is cautioned

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that failure to comply with this order may result in dismissal of the action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) is denied

without prejudice;
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Within 15 days of the date of this order, plaintiff shall either pay the filing

fees for this action or submit a completed application for leave to proceed in forma pauperis.

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DATED: April 18, 2018
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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