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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STANTON MCCLENDON,

Case No. 17-cv-00408-PJH

Plaintiff,
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v.

ORDER RE APPLICATION TO
PROCEED IN FORMA PAUPERIS

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CAROLYN W. COLVIN,

Re: Dkt. No. 2

Defendant.
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United States District Court
Northern District of California

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Before the court is pro se plaintiff Stanton McClendon’s application to proceed in

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forma pauperis. Dkt. 2. The court finds that it is unable to make a decision on plaintiff’s

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application because of several discrepancies that require clarification. First, although

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plaintiff has indicated that he owns a home in response to question 5, he has not

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provided any estimate of the value of his home or any mortgage on the home. Moreover,

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because plaintiff has listed rent as among his expenses in response to question 8, it

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seems possible that the answer to question 5 was an error. Second, plaintiff has written

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“GA” in the “utilities” section of question 8. If plaintiff intended to indicate that he receives

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general assistance, then this income should be listed in response to question 2e, about

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receiving money from government sources.

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The court cannot decide whether to waive the filing fee until these issues are

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clarified. Accordingly, plaintiff is hereby ORDERED to either refile his application to

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proceed in forma pauperis, or to respond in writing to clarify these two issues, no later

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than February 21, 2017.

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IT IS SO ORDERED.
Dated: January 31, 2017
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PHYLLIS J. HAMILTON
United States District Judge