Ball v. C.D.C.R. et al

Filing 4

ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by Robert Lamar Ball. Signed by Judge ARMSTRONG on 5/13/13. (lrc, COURT STAFF) (Filed on 6/4/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROBERT LAMAR BALL,

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United States District Court
For the Northern District of California

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No. C 13-1483 SBA (PR)

Plaintiff,
ORDER DIRECTING PLAINTIFF TO FILE
NEW IN FORMA PAUPERIS APPLICATION

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, ET AL.,

(Docket no. 2)

Defendants.
_________________________________/
Plaintiff Robert Lamar Ball filed this civil rights action and a prisoner's in forma pauperis

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application on April 3, 2013. On that same date, the Clerk of the Court notified Plaintiff that his in

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forma pauperis application was deficient due to the failure to include a signed certificate of funds

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and a prisoner trust account statement for the previous six months. The Court informed him that his

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action could not go forward until he filed the necessary documents within twenty-eight days, and

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that his failure to do so would result in dismissal of this action.

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The Court notes that Plaintiff alleged in his complaint that he was released from custody on
June 14, 2012 and that he is currently out on parole.

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Ordinarily, a plaintiff is permitted to file a civil action in federal court without prepayment

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of fees or security if he makes affidavit that he is unable to pay such fees or give 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 the full amount of the filing fee even if

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he is granted in forma pauperis status. See 28 U.S.C. § 1915(b)(1). This is done by way of an

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"installment plan," whereby the court will assess an initial payment, and the prisoner will be

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required thereafter to make monthly payments of twenty percent of the preceding month's income

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credited to the prisoner's account. See id. However, if a prisoner who seeks leave to proceed in

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forma pauperis is released from prison while his action is pending, he will not be required to pay the

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full filing fee if in forma pauperis status is granted. See, e.g., DeBlasio v. Gilmore, 315 F.3d 396,

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399 (4th Cir. 2003) (statutory language, legislative intent and policy reasons dictate that prisoner

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granted in forma pauperis status when he filed action would not be liable for full amount of filing

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fee upon release but must be allowed to apply to proceed under general in forma pauperis provisions

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of § 1915(a)(1)), McGore v. Wrigglesworth, 114 F.3d 601, 613 (6th Cir. 1997) (same), McGann v.

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Comm'r, Soc. Sec. Admin., 96 F.3d 28, 29-30 (2d Cir. 1996) (same).

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Because Plaintiff no longer is incarcerated, in order for the Court to assess whether he is

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entitled to proceed in forma pauperis he must apply to proceed in forma pauperis under the general

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provisions of 28 U.S.C. § 1915(a)(1). If, based upon the information provided by Plaintiff, the

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Court grants Plaintiff leave to proceed in forma pauperis, the Court will proceed to review the

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complaint under § 1915(e)(2).1 If the Court determines that Plaintiff is not entitled to in forma

United States District Court
For the Northern District of California

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pauperis status, he will be required to pay the full filing fee or the action will be dismissed.

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Accordingly, Plaintiff is hereby ORDERED to file a new application to proceed in forma

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pauperis. Plaintiff shall answer all questions in the attached application and shall provide any

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requisite documentation. He shall file his completed application within twenty-eight (28) days of

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the date of this Order. The failure to do so will result in the dismissal of this action without

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prejudice.

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Plaintiff's prior prisoner's application to proceed in forma pauperis is DENIED as moot
(docket no. 2).

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The Clerk is directed to send Plaintiff a blank non-prisoner in forma pauperis application
form.

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This Order terminates Docket no. 2.

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IT IS SO ORDERED.

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DATED:_5/13/13________________

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT

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Under this section, the Court is required to conduct a preliminary screening for frivolity,
failure to state a claim, or immune defendants in any in forma pauperis action.
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FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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ROBERT L. BALL,
Case Number: CV13-01483 SBA

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Plaintiff,
CERTIFICATE OF SERVICE

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v.
CDCR CALIFORNIA ATTORNEY
GENERAL et al,

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Defendant.
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United States District Court
For the Northern District of California

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/

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 June 4, 2013, 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.

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Robert Lamar Ball V79505
38 Moss Street
B404
San Francisco, CA 94103

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Dated: June 4, 2013
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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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