Johnson v. Sonoma County Child Protective Services et al

Filing 17

ORDER by Judge Claudia Wilken DENYING 14 LEAVE TO PROCEED IN FORMA PAUPERIS; DIRECTING PLAINTIFF TO FILE COMPLETED NON-PRISONER IN FORMA PAUPERIS APPLICATION AND DENYING 2 MOTION FOR APPOINTMENT OF COUNSEL. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 12/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PAUL SAMUEL JOHNSON,

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Plaintiff,

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v.
MELLISA McKINNEY, et al.,
Defendants.

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Case No.: 12-02924 CW (PR)
ORDER DENYING LEAVE TO PROCEED
IN FORMA PAUPERIS; DIRECTING
PLAINTIFF TO FILE COMPLETED
NON-PRISONER IN FORMA PAUPERIS
APPLICATION AND DENYING MOTION
FOR APPOINTMENT OF COUNSEL
(Docket nos. 2, 14)

United States District Court
For the Northern District of California

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Plaintiff filed the present pro se civil rights action and
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application seeking leave to proceed in forma pauperis (IFP) when

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he was incarcerated at the California State Prison - Solano.

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Thereafter, when Plaintiff informed the Court that he was going to

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be released, the Court directed him either to pay the filing fee

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or file a non-prisoner IFP application.

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was not released at that time; consequently, he filed a new

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prisoner IFP application.

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was released and no longer is incarcerated.

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Docket no. 7.

Docket no. 14.

Plaintiff

Subsequently, Plaintiff

Ordinarily, a plaintiff is permitted to file a civil action
in federal court without prepayment of fees or security if he
alleges in an affidavit that he is unable to pay such fees or give

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security therefor.
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See 28 U.S.C. § 1915(a).

But, if the

plaintiff is a prisoner who alleges that he is unable to pay the

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full filing fee at the time of filing, he will be required to pay

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the full amount of the filing fee even if he is granted IFP

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status.

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“installment plan,” whereby the court will assess an initial

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payment, and the prisoner will be required thereafter to make

See 28 U.S.C. § 1915(b)(1).

This is done by way of an

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monthly payments of twenty percent of the preceding month’s income

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credited to his prison trust account.

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See id.

If a prisoner is released, however, the court will be unable

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to collect the funds from his prisoner trust account as required

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under 28 U.S.C. § 1915(b).

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Consequently, because Plaintiff has

been released from custody, he now must apply to proceed IFP under
the general provisions of 28 U.S.C. § 1915(a)(1).

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Accordingly, the Court orders as follows: Plaintiff’s request
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to proceed IFP based on his prisoner IFP application is DENIED.
No later than fourteen days from the date of this Order, Plaintiff

United States District Court
For the Northern District of California

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either shall (1) pay the $350.00 filing fee in this action, or

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(2) file a completed non-prisoner IFP application.

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fails to comply with this Order, the case will be dismissed

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without prejudice.

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with a non-prisoner IFP application.

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If Plaintiff

The Clerk of the Court shall provide Plaintiff

Additionally, Plaintiff’s motion for the appointment of
counsel is DENIED as premature.

The Court will not consider any

motion for the appointment of counsel unless and until the
complaint is ordered served.

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It is Plaintiff’s responsibility to prosecute this case.
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He

must keep the Court informed of any change of address and must

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comply with the Court’s orders in a timely fashion.

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so may result in the dismissal of this action for failure to

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prosecute pursuant to Rule 41(b) of the Federal Rules of Civil

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Procedure.

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This Order terminates Docket nos. 2 and 14.

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Failure to do

IT IS SO ORDERED.

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Dated: 12/4/2012
________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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