Evans v. Office of the County Counsel et al

Filing 9

ORDER VACATING 8 Order on Motion for Leave to Proceed in forma pauperis, and DENYING 3 MOTION for Leave to Proceed in forma pauperis filed by Jamar James Evans. Signed by Judge Ronald M. Whyte on 10/3/2008. (rmwlc1, COURT STAFF) (Filed on 10/3/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMAR JAMES EVANS, Plaintiff, v. OFFICE OF COUNTY COUNSEL, et al., Defendants. No. C-05-03319 RMW ORDER WITHDRAWING ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS [Re Docket Nos. 3, 8] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on: 10/3/2008 On March 4, 2008, this court granted Mr. Evans' application to proceed in forma pauperis. That order issued in error, and the court hereby withdraws its earlier grant of the application to proceed in forma pauperis. Based on Mr. Evans' sworn application, he receives $1,500 per month and has minimal expenses, totaling $136 per month in food. From this information, it appears that Mr. Evans' has a net income of over $1,000 per month, which is more than sufficient to pay the $350.00 filing fee. Accordingly, the application to proceed in forma pauperis is denied. The filing fee of $350.00 must be paid no later than November 7, 2008. Failure to pay the filing fee by that date will result in dismissal of the above-entitled action withut prejudice. Mr. Evans is hereby apprised of his responsibility to serve the complaint and any amendments, scheduling orders, and attachments ORDER WITHDRAWING ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS -- No. C-05-03319 RMW TSF 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to Rule 4, Federal Rules of Civil Procedure. Mr. Evans has a continuing obligation to keep the court informed of his current address. Failure to do so will result in dismissal of this action. DATED: 10/3/2008 RONALD M. WHYTE United States District Judge ORDER WITHDRAWING ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS -- No. C-05-03319 RMW TSF 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of this document has been mailed to: Plaintiff: Jamar James Evans P. O. Box 25 Atwater, CA 95301 Counsel for Defendants: (no appearance) Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Dated: 10/3/2008 TSF Chambers of Judge Whyte ORDER WITHDRAWING ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS -- No. C-05-03319 RMW TSF 3

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