McClendon v. Colvin
Filing
5
ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by Stanton McClendon. Signed by Judge Phyllis J. Hamilton on 02/24/2017. (Attachments: # 1 Attachment)(pjhlc2S, COURT STAFF) (Filed on 2/24/2017)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
STANTON MCCLENDON,
9
v.
ORDER REGARDING APPLICATION
TO PROCEED IN FORMA PAUPERIS
10
CAROLYN W. COLVIN,
11
United States District Court
Northern District of California
Case No. 17-cv-00408-PJH
Plaintiff,
8
Defendant.
Re: Dkt. No. 2, 4
12
13
14
On January 31, 2017, the court ordered plaintiff to clarify two matters concerning
15
his application to proceed in forma pauperis (“IFP”). See Dkt. 4. First, the court noted
16
that “although plaintiff has indicated that he owns a home in response to question 5, he
17
has not provided any estimate of the value of his home or any mortgage on the home.”
18
Id. at 1. Second, “plaintiff has written ‘GA’ in the ‘utilities’ section of question 8,” but if he
19
receives general assistance, then “this income should be listed in response to question
20
2e, about receiving money from government sources.” Id. As a result of these issues,
21
the court was unable to make a decision as to whether plaintiff would be permitted to
22
proceed in forma pauperis, or instead be required to pay the filing fee.
23
24
25
The court ordered plaintiff to refile his IFP application, or to otherwise clarify these
issues, no later than February 21, 2017. Plaintiff has not filed any response.
The court will permit plaintiff an additional 21 days to either (1) refile his IFP
26
application with the court, or (2) pay the $400 filing fee. If plaintiff does not take one of
27
these actions by March 17, 2017, then this case will be dismissed for failure to
28
prosecute. The court is attaching a blank IFP application to this order that plaintiff may
1
use. The application must be submitted to the Clerk’s Office in San Francisco or
2
Oakland, or mailed to: Clerk’s Office, United States District Court, 1301 Clay Street, Suite
3
400 South, Oakland, CA 94612.
4
5
IT IS SO ORDERED.
Dated: February 24, 2017
6
7
8
__________________________________
PHYLLIS J. HAMILTON
United States District Judge
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?