(PS) McGarry v. Johnson et al

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 01/19/2023 DENYING 2 Motion to Proceed IFP. Plaintiff MUST PAY the Filing Fee no later than 02/03/2023, or this case will be DISMISSED for failure to pay the filing fee. (Rodriguez, E)

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Case 2:23-cv-00102-TLN-AC Document 3 Filed 01/19/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL LAWRENCE McGARRY, 12 Plaintiff, 13 14 No. 2:23-cv-00102-TLN-AC v. ORDER NICK JOHNSON, et al, 15 Defendants. 16 Plaintiff is proceeding in this action pro se. This matter was accordingly referred to the 17 18 undersigned by E.D. Cal. 302(c)(21). Plaintiff has requested leave to proceed in forma pauperis 19 (“IFP”) pursuant to 28 U.S.C. § 1915. ECF No. 2. Plaintiff’s IFP application does not make the showing required by 28 U.S.C. § 1915(a)(1). 20 21 According to the application, plaintiff has earned $50,000 in the past 12 months through his 22 business and has collected $4,000 in unemployment. ECF No. 2 at 1. Plaintiff has assets 23 including a home valued at $800,000.00, and his last filed income tax return, filed in 2021, 24 reflected $107,000.00 income, and $400.00 in a bank account. Id. at 2. Considering plaintiff’s 25 income, assets, and expenses, plaintiff does not qualify for waiver of the court’s $400.00 filing 26 fee. 27 28 For plaintiff to continue prosecuting this case, he must pay the filing fee no later than February 3, 2023. If plaintiff fails to pay the filing fee, this case will be dismissed. Accordingly, 1 Case 2:23-cv-00102-TLN-AC Document 3 Filed 01/19/23 Page 2 of 2 1 IT IS HEREBY ORDERED that plaintiff’s request to proceed IFP (ECF No. 2) is DENIED, and 2 plaintiff must pay the filing fee no later than February 3, 2023, or this case will be dismissed for 3 failure to pay the filing fee. 4 DATED: January 19, 2023 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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