McKinney v. Law Office of James Duncan et al

Filing 35

ORDER requiring Plaintiff to supplement his 32 MOTION for Leave to Proceed In Forma Pauperis by April 5, 2010. Signed by Judge Nandor J. Vadas on 3/18/10. (Attachments: # 1 Certificate of Service)(njvlc2, COURT STAFF) (Filed on 3/18/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court granted Plaintiff an extension to file his Notice of Appeal until April 5, 2010. (Doc. No. 34)
1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION

JAMES WILLIAM McKINNEY, Plaintiff, v. LAW OFFICE OF JAMES DUNCAN, C. DAVID EYSTER, DAVID KINDOPP, and PEYMAN HEDAYATI, Defendants. /

No. CV 09-2605 NJV ORDERING PLAINTIFF TO FILE SUPPLEMENTAL INFORMATION IN SUPPORT OF HIS MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (Doc. No. 32)

On February 19, 2010, the Court granted Defendants' motions to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and dismissed the action without prejudice. (Doc. No. 29) Plaintiff has filed a motion for leave to proceed in forma pauperis on appeal. (Doc. No. 32) Under Federal Rule of Appellate Procedure 24(a), the affidavit in support of the motion to appeal in forma pauperis must show the party's inability to pay or give security for fees and costs, claim an entitlement to redress, and include the issues that the party intends to present on appeal. Plaintiff's in forma pauperis motion is incomplete because it only provides some detail regarding his ability to pay or give security. Because Plaintiff is proceeding pro se, the Court will look to his Notice of Appeal,1 when filed, for his issues on appeal and claim for entitlement to redress. The Court orders Plaintiff to supplement his in forma pauperis motion with the following ///

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

information by April 5, 2010: 1) The date of Plaintiff's last employment: ____________________ 2) The name and address of Plaintiff's last employer, and the amount of the gross and net salary and wages received per month: Gross: _______________________ Net: _______________________

Employer: ______________________________________________________ __________________________________________________________ 3) Plaintiff indicates that he received money from the following government sources within the past twelve (12) months: $805.00 from "S.S.I." (i.e., Supplemental Security Income) and $700.00 from "V.A. Admin." It is unclear whether the amounts Plaintiff indicated in his application represent the monthly or annual amount received. Please identify the amount of money Plaintiff receives or received on a monthly basis from each of these government sources; and whether Plaintiff is currently receiving money from these government sources. SSI: Currently receiving? Yes ___ No ___ Monthly: _______ Annual: __________

Veterans Affairs Benefits: Currently receiving? Yes ___ No ___ Monthly: _______ Annual: __________ 4) Has Plaintiff received any money within the past twelve (12) months from gifts or other sources? If yes, identify the monthly and annual amounts received. Gifts: Received within past 12 months? Yes ___ No ___ Currently receiving? Yes ___ No ___ Monthly: _______ Annual: _________. Other (identify): Received within past 12 months? Yes ___ No ___ Currently receiving? Yes ___ No ___ Monthly: _______ Annual: __________

Dated: March 18, 2010

NANDOR J. VADAS United States Magistrate Judge

2