Jenkins v. JP Morgan Chase Bank

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 08/28/17 ORDERING that plaintiff's 2 Motion to Proceed IFP is DENIED WITHOUT PREJUDICE. Within 28 days, plaintiff shall either (a) pay the applicable filing fee or (b) file an amended application to proceed IFP that adequately demonstrates that plaintiff is unable to pay the filing fee. Plaintiff's failure to either pay the filing fee or file a sufficient IFP application by the above deadline will result in a recommendation that the action be dismissed. (Benson, A.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN LAMAR JENKINS,

12

Plaintiff,

13
14

v.

No. 2:17-cv-0878-TLN-KJN (PS)

ORDER

JP MORGAN CHASE BANK,

15

Defendant.

16
Presently pending before the court is plaintiff’s motion for leave to proceed in forma

17
18

pauperis pursuant to 28 U.S.C. § 1915.1 (ECF No. 2.) The affidavit in support of the motion

19

indicates that plaintiff’s gross wages are $0 per month. (Id.) However, plaintiff also asserts that

20

he has received income in the past twelve months as an employee of “Apple One,” but he has not

21

indicated what income he has received. (Id.)
Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action

22
23

in federal district court. 28 U.S.C. § 1914(a). In addition, a $50.00 general administrative fee for

24

civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an

25

action “without prepayment of fees or security therefor” by a person that is unable to pay such

26

fees or provide security therefor. 28 U.S.C. § 1915(a)(1).

27
28

1

This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(21).
1

1

Plaintiff has made an inadequate showing of indigency because his affidavit is incomplete.

2

See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony

3

v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D.

4

Cal. 1994).

5
6
7

For the foregoing reasons, IT IS HEREBY ORDERED that:
1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is DENIED
WITHOUT PREJUDICE.

8

2. Within 28 days of the date of this order, plaintiff shall either (a) pay the applicable

9

filing fee or (b) file an amended application to proceed in forma pauperis that

10

adequately demonstrates that plaintiff is unable to pay the filing fee. Plaintiff’s

11

failure to either pay the filing fee or file a sufficient application to proceed in

12

forma pauperis by the above deadline will result in a recommendation that the

13

action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

14
15

IT IS SO ORDERED.
Dated: August 28, 2017

16
17
14/ps.17-878.jenkins.IFP denial

18
19
20
21
22
23
24
25
26
27
28
2