Rice v. Wagner et al
Filing
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ORDER DIRECTING PLAINTIFF TO FILE A NOTICE OF INTENT TO PROSECUTE AND TO PROVIDE COURT WITH CURRENT ADDRESS; DIRECTING PLAINTIFF TO FILE IN FORMA PAUPERIUS APPLICATION OR PAY THE FILING FEE. Deadline for Notice of Intent to Prosecute or Provide Current Address, IFP Form due by 5/6/2013. Signed by Judge Edward J. Davila on 4/5/2013. (Attachments: # 1 Form Habeas IFP Application)(ecg, COURT STAFF) (Filed on 4/8/2013)
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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INSTRUCTIONS FOR PRISONER'S
IN FORMA PAUPERIS APPLICATION
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You must submit to the court a completed Prisoner's In Forma Pauperis Application if
you are unable to pay the entire filing fee at the time you file your complaint or petition. Your
application must include copies of the prisoner trust account statement showing transactions
for the last six months and a certificate of funds in prisoner's account, signed by an authorized
officer of the institution.
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A.
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Effective April 9, 2006, the filing fee for any civil action other than a habeas is
$350.00. Even if you are granted leave to proceed in forma pauperis, you must still pay the
full amount of the court's filing fee, but the fee will be paid in several installments. 28 U.S.C.
§ 1915.
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Non-habeas Civil Actions
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You must pay an initial partial filing fee of 20 percent of the greater of (a) the average
monthly deposits to your account for the 6-month period immediately before the complaint
was filed or (b) the average monthly balance in your account for the 6-month period
immediately before the complaint was filed. The court will use the information provided on
the certificate of funds and the trust account statement to determine the filing fee immediately
due and will send instructions to you and the prison trust account office for payment if in
forma pauperis status is granted.
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After the initial partial filing fee is paid, your prison's trust account office will forward
to the court each month 20 percent of the most recent month's income to your prison trust
account, to the extent the account balance exceeds ten dollars ($10.00). Monthly payments
will be required until the full filing fee is paid. If you have no funds over ten dollars ($10.00)
in your account, you will not be required to pay part of the filing fee that month.
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If your application to proceed in forma pauperis is granted, you will be liable for
the full $350.00 filing fee even if your civil action is dismissed. That means the court will
continue to collect payments until the entire filing fee is paid. However, if you do not
submit this completed application the action will be dismissed without prejudice and the
filing fee will not be collected.
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B.
Habeas Actions
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The filing fee for a habeas action is $5.00. If you are granted leave to proceed in
forma pauperis you will not be required to pay any portion of this fee. If you are not granted
leave to proceed in forma pauperis you must pay the fee in one payment and not in
installments. If you use a habeas form to file a non-habeas civil action, you will be
required to pay the $350.00 filing fee applicable to all non-habeas civil actions.
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IFP APPLI.-PRISONER (Rev. 2/05)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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)
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Plaintiff,
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vs.
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Defendant.
CASE NO.
PRISONER’S
APPLICATION TO PROCEED
IN FORMA PAUPERIS
)
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I,
, declare, under penalty of perjury that I am the
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plaintiff in the above entitled case and that the information I offer throughout this application
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is true and correct. I offer this application in support of my request to proceed without being
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required to prepay the full amount of fees, costs or give security. I state that because of my
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poverty I am unable to pay the costs of this action or give security, and that I believe that I am
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entitled to relief.
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In support of this application, I provide the following information:
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1.
Are you presently employed? Yes
No
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If your answer is "yes," state both your gross and net salary or wages per month, and give the
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name and address of your employer:
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Gross:
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Employer:
Net:
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PRIS. AP P. TO PRO C. IN FO RM A PA UPE RIS
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If the answer is "no," state the date of last employment and the amount of the gross and net
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salary and wages per month which you received. (If you are imprisoned, specify the last
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place of employment prior to imprisonment.)
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2.
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following sources:
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Have you received, within the past twelve (12) months, any money from any of the
a.
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Business, Profession or
Yes
No
Yes
No
self employment
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b.
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Income from stocks, bonds,
or royalties?
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c.
Rent payments?
Yes
No
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d.
Pensions, annuities, or
Yes
No
Yes
No
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life insurance payments?
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e.
Federal or State welfare payments,
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Social Security or other govern-
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ment source?
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If the answer is "yes" to any of the above, describe each source of money and state the amount
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received from each.
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3.
Are you married?
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Spouse's Full Name:
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Spouse's Place of Employment:
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Spouse's Monthly Salary, Wages or Income:
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Gross $
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4.
a.
Yes
Net $
List amount you contribute to your spouse's support:$
PRIS. AP P. TO PRO C. IN FO RM A PA UPE RIS
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No
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b.
List the persons other than your spouse who are dependent upon you for
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support and indicate how much you contribute toward their support. (NOTE:
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For minor children, list only their initials and ages. DO NOT INCLUDE
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THEIR NAMES.).
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5.
Do you own or are you buying a home?
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Estimated Market Value: $
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6.
Yes
No
Amount of Mortgage: $
Do you own an automobile?
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Make
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Is it financed? Yes
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Year
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No
Monthly Payment: $
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Yes
Name(s) and address(es) of bank:
No
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If so, Total due: $
Do you have a bank account? Yes
No
(Do not include account numbers.)
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Present balance(s): $
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Do you own any cash? Yes
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Do you have any other assets? (If "yes," provide a description of each asset and its estimated
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market value.)
Yes
No
Amount: $
No
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8.
What are your monthly expenses?
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Rent: $
Utilities:
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Food: $
Clothing:
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Charge Accounts:
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Name of Account
Monthly Payment
Total Owed on This Acct.
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$
$
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$
$
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$
$
PRIS. AP P. TO PRO C. IN FO RM A PA UPE RIS
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9.
Do you have any other debts? (List current obligations, indicating amounts and to
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whom they are payable. Do not include account numbers.)
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10.
Does the complaint which you are seeking to file raise claims that have been presented
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in other lawsuits?
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Please list the case name(s) and number(s) of the prior lawsuit(s), and the name of the court in
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which they were filed.
Yes
No
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I consent to prison officials withdrawing from my trust account and paying to the court
the initial partial filing fee and all installment payments required by the court.
I declare under the penalty of perjury that the foregoing is true and correct and
understand that a false statement herein may result in the dismissal of my claims.
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DATE
SIGNATURE OF APPLICANT
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PRIS. AP P. TO PRO C. IN FO RM A PA UPE RIS
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Case Number:
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CERTIFICATE OF FUNDS
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IN
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PRISONER'S ACCOUNT
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I certify that attached hereto is a true and correct copy of the prisoner's trust account
statement showing transactions of
for the last six months
[prisoner name]
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where (s)he is confined.
[name of institution]
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I further certify that the average deposits each month to this prisoner's account for the
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most recent 6-month period were $
and the average balance in the prisoner's
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account each month for the most recent 6-month period was $
.
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Dated:_____________
___________________________________
[Authorized officer of the institution]
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