McClendon v. Colvin
ORDER re 2 Application for Leave to Proceed In Forma Pauperis. Signed by Judge Phyllis J. Hamilton on 01/31/2017. (pjhlc2S, COURT STAFF) (Filed on 1/31/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 17-cv-00408-PJH
ORDER RE APPLICATION TO
PROCEED IN FORMA PAUPERIS
CAROLYN W. COLVIN,
Re: Dkt. No. 2
United States District Court
Northern District of California
Before the court is pro se plaintiff Stanton McClendon’s application to proceed in
forma pauperis. Dkt. 2. The court finds that it is unable to make a decision on plaintiff’s
application because of several discrepancies that require clarification. First, although
plaintiff has indicated that he owns a home in response to question 5, he has not
provided any estimate of the value of his home or any mortgage on the home. Moreover,
because plaintiff has listed rent as among his expenses in response to question 8, it
seems possible that the answer to question 5 was an error. Second, plaintiff has written
“GA” in the “utilities” section of question 8. If plaintiff intended to indicate that he receives
general assistance, then this income should be listed in response to question 2e, about
receiving money from government sources.
The court cannot decide whether to waive the filing fee until these issues are
clarified. Accordingly, plaintiff is hereby ORDERED to either refile his application to
proceed in forma pauperis, or to respond in writing to clarify these two issues, no later
than February 21, 2017.
IT IS SO ORDERED.
Dated: January 31, 2017
PHYLLIS J. HAMILTON
United States District Judge
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