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