Berhe et al v. Bank Of America

Filing 7

ORDER RE: APPLICATION TO PROCEED IN FORMA PAUPERIS. The court orders that Berhe either file a complete application to proceed in forma pauperis or pay the filing fee of $350.00 on or before 2/11/2013. Signed by Judge Edward J. Davila on 1/25/2013. (ejdlc1, COURT STAFF) (Filed on 1/25/2013) (Additional attachment(s) added on 1/25/2013: # 1 Certificate of Service) (ecg, COURT STAFF). Modified on 1/25/2013 (cv, COURT STAFF).

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION CASE NO. 5:13-cv-00230 EJD ISAAC BERHE, et. al., 11 ORDER RE: APPLICATION TO PROCEED IN FORMA PAUPERIS Plaintiff(s), For the Northern District of California United States District Court 10 12 13 v. BANK OF AMERICA, [Docket Item No(s). 2] 14 Defendant(s). 15 / 16 Pro se plaintiffs Isaac Berhe (“Berhe”) and Aschilew Jember (“Jember”) commenced the 17 above-entitled action on January 17, 2013. See Docket Item No. 1. Presently before the court is 18 Jember’s application to proceed in forma pauperis which was filed with the Complaint. See Docket 19 Item No. 2. 20 Pursuant to 28 U.S.C. § 1915(a)(1), the court “may authorize the commencement, 21 prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without 22 prepayment of fees or security therefor, by a person who submits an affidavit that includes a 23 statement of all assets such [person] prisoner possesses that the person is unable to pay such fees or 24 give security therefor.” District courts have broad discretion to grant or deny a motion to proceed in 25 forma pauperis in a civil action. O’Loughlin v. Doe, 920 F.2d 614, 616-17 (9th Cir. 1990). Indeed, 26 “[t]he right to proceed in forma pauperis is not an unqualified one.” Jefferson v. United States, 277 27 F.2d 723, 725 (9th Cir. 1960). “It is a privilege, rather than a right.” Id. 28 The court has reviewed Jember’s application for in forma pauperis status but finds it 1 CASE NO. 5:13-cv-00230 EJD ORDER RE: APPLICATION TO PROCEED IN FORMA PAUPERIS 1 incomplete because it does not disclose or describe Berhe’s financial circumstances. Indeed, while 2 both Jember and Berhe are referenced as plaintiffs at the top of the application, only Jember 3 completed the required declaration. But in order for the court to properly determine whether this 4 case should proceed without the payment of fees, financial information for both Jember and Berhe 5 must be presented which demonstrates an inability to pay pursuant to § 1915(a)(1). Otherwise, the 6 filing fee must be paid. 7 Accordingly, the court orders that Berhe either file a complete application to proceed in 8 forma pauperis or pay the filing fee of $350.00 on or before February 11, 2013. The parties are 9 advised that Berhe’s failure to submit a timely in forma pauperis application or failure to pay the filing fee within the time provided may result in an order dismissing Berhe from this action. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 13 Dated: January 25, 2013 EDWARD J. DAVILA United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 CASE NO. 5:13-cv-00230 EJD ORDER RE: APPLICATION TO PROCEED IN FORMA PAUPERIS

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