McClendon v. Colvin

Filing 4

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)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 STANTON MCCLENDON, Case No. 17-cv-00408-PJH Plaintiff, 6 v. ORDER RE APPLICATION TO PROCEED IN FORMA PAUPERIS 7 8 CAROLYN W. COLVIN, Re: Dkt. No. 2 Defendant. 9 10 United States District Court Northern District of California 11 Before the court is pro se plaintiff Stanton McClendon’s application to proceed in 12 forma pauperis. Dkt. 2. The court finds that it is unable to make a decision on plaintiff’s 13 application because of several discrepancies that require clarification. First, although 14 plaintiff has indicated that he owns a home in response to question 5, he has not 15 provided any estimate of the value of his home or any mortgage on the home. Moreover, 16 because plaintiff has listed rent as among his expenses in response to question 8, it 17 seems possible that the answer to question 5 was an error. Second, plaintiff has written 18 “GA” in the “utilities” section of question 8. If plaintiff intended to indicate that he receives 19 general assistance, then this income should be listed in response to question 2e, about 20 receiving money from government sources. 21 The court cannot decide whether to waive the filing fee until these issues are 22 clarified. Accordingly, plaintiff is hereby ORDERED to either refile his application to 23 proceed in forma pauperis, or to respond in writing to clarify these two issues, no later 24 than February 21, 2017. 25 26 27 28 IT IS SO ORDERED. Dated: January 31, 2017 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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