Alguera v. USBank, N.A. et al

Filing 6

Duplicate entry - see Dkt. No. 7.

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 Northern District of California 8 9 EDUARDO ALGUERA, Plaintiff, 10 v. 11 No. C 11-4693 MEJ ORDER RE: PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS For the Northern District of California UNITED STATES DISTRICT COURT US BANK, et al., 12 13 14 Defendants. _____________________________________/ Pending before the Court is Plaintiff Eduardo Alguera’s in forma pauperis application, filed 15 on September 21, 2011. Dkt. No. 2. In his application, Plaintiff declares under penalty of perjury 16 that he has no source of income and that he does not receive any type of federal or state welfare or 17 social security payments. However, he also declares that he has $765 in monthly expenses. Plaintiff 18 states that $600 of his monthly expenses are applied to rent, yet he also states that he owns a home 19 with an estimated market value of $236,000 and a mortgage in the amount of $6,300. As Plaintiff’s 20 financial situation is unclear from his application, the Court ordered him to file a declaration by 21 October 10, 2011, addressing the following issues: 22 1) What source of income is used to pay the $765 in monthly expenses? If the expenses 23 are paid from any type of savings and/or investments, what is the total value of those 24 savings and/or investments? If the expenses are paid by another person, what is 25 Plaintiff’s relationship to that person? 26 2) Does Plaintiff own or rent the home in which he lives? 27 3) Plaintiff owns a home with an estimated market value of $236,000 and a mortgage in 28 the amount of $6,300. Is the $6,300 figure the monthly payment owed or the total 1 amount of the mortgage? If it is the total, what is the monthly payment and who pays 2 it? 3 Dkt. No. 5. Plaintiff has failed to respond. 4 In addition, the Court ordered Plaintiff to inform the Court by October 10, 2011 whether he 5 consents to magistrate judge jurisdiction or requests reassignment to a United States District Judge 6 for trial. Dkt. No. 4. Plaintiff failed to respond to this Order as well. 7 Based on Plaintiff’s inaction, the Court hereby ORDERS Plaintiff Eduardo Alguera to show 8 cause why this case should not be dismissed for failure to prosecute and failure to comply with 9 Court orders. Plaintiff shall file a declaration by October 27, 2011, and the Court shall conduct a hearing on November 10, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, 11 San Francisco, California. 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 13 IT IS SO ORDERED. 14 15 Dated: October 13, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 4 EDUARDO ALGUERA Case Number: 11-04693 MEJ 5 Plaintiff, CERTIFICATE OF SERVICE 6 7 8 v. US BANK Defendant. / 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 13, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Eduardo Alguera 3827 Kauai Drive San Jose, CA 95111 16 17 18 Dated: October 13, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 3

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