Pierson v. United States et al

Filing 7

ORDER Withdrawing Leave to Proceed in Forma Pauperis. See 4. Signed by Judge Whyte on 7/7/06. (rmwlc2, COURT STAFF) (Filed on 7/7/2006)

Pierson v. United States et al

Doc. 7

Case 5:06-cv-03980-RMW

Document 7

Filed 07/07/2006

Page 1 of 3

1 2 3 4 5 6 7 8 9 10

E-FILED on 7/7/06

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOHN A. PIERSON, Plaintiff, v. UNITED STATES; GEORGE W. BUSH, Defendants.

No. C-06-03980 RMW ORDER WITHDRAWING LEAVE TO PROCEED IN FORMA PAUPERIS

Upon reconsideration, the order granting plaintiff John Pierson's application to proceed in forma pauperis is vacated. There are two requirements to proceed in forma pauperis: poverty and merit to the underlying suit. See O'Loughlin v. Doe, 920 F.2d 614, 618 (9th Cir. 1990). Pierson's suit appears to be based on the Articles of Confederation, which were superceded by the Constitution over two centuries ago. The court also finds Pierson's claim that California is infested with pirates fanciful. It is ordered that the filing fee of $350 be paid no later than July 31, 2006. Failure to pay the filing fee by that date will result in dismissal of the above-captioned action without prejudice. The plaintiff is hereby apprised of his responsibility to serve the complaint and any amendments, scheduling orders, attachments, pursuant to Federal Rule of Civil Procedure 4. Plaintiff has a

ORDER WITHDRAWING LEAVE TO PROCEED IN FORMA PAUPERIS--No. C-06-03980 RMW JAH

Dockets.Justia.com

Case 5:06-cv-03980-RMW

Document 7

Filed 07/07/2006

Page 2 of 3

1 2 3 4 5 6 7 8 9 10

continuing obligation to keep the court informed of his current address; failure to do so may result in dismissal of this action.

DATED:

7/7/06

RONALD M. WHYTE United States District Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER WITHDRAWING LEAVE TO PROCEED IN FORMA PAUPERIS--No. C-06-03980 RMW JAH 2

Case 5:06-cv-03980-RMW

Document 7

Filed 07/07/2006

Page 3 of 3

1 2 3 4 5 6 7 8 9 10

A copy of this order was mailed on Plaintiff (pro se): John R. Pierson P.O. Box 162 Genoa, NV 89411

to:

Counsel are responsible for distributing copies of this order to co-counsel, as necessary.

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER WITHDRAWING LEAVE TO PROCEED IN FORMA PAUPERIS--No. C-06-03980 RMW JAH 3