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)

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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

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