Jones v. National Personnel Records Center

Filing 3

ORDER denying 2 Motion for Leave to Proceed in forma pauperis: Plaintiff's IFP Motion is DENIED and the complaint is DISMISSED without prejudice. Plaintiff is granted 60 days' leave to pay the filing fee or to submit the required information regarding his financial status. Signed by Judge M. James Lorenz on 8/2/2007. (mjj) (bar ).

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Jones v. National Personnel Records Center Doc. 3 Case 3:07-cv-01403-L-AJB Document 3 Filed 08/02/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RONNIE ALONZO JONES, vs. Plaintiff, CASE NO. 07cv1403-L (AJB) ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS NATIONAL PERSONNEL RECORDS CENTER Defendant. Plaintiff Ronnie Alonzo Jones filed a complaint. Concurrently he filed a Motion and Declaration Under Penalty of Perjury in Support of Motion to Proceed in Forma Pauperis ("IFP Motion"). For the reasons which follow, Plaintiff's IFP Motion is DENIED. All parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing fee. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff's declaration is incomplete. For example, Plaintiff has not provided all the information requested in item no. 3. Plaintiff's IFP Motion is therefore DENIED, and the complaint is DISMISSED without prejudice. Pursuant to this order, Plaintiff is granted 60 days' leave to pay the filing fee required to maintain this action pursuant to 28 U.S.C. § 1914, or to submit the -107cv1403 Dockets.Justia.com Case 3:07-cv-01403-L-AJB Document 3 Filed 08/02/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required information regarding his financial status. IF PLAINTIFF CHOOSES TO FILE ADDITIONAL INFORMATION REGARDING HIS POVERTY, HE MUST ATTACH A COPY OF THIS ORDER. IT IS SO ORDERED. DATED: August 2, 2007 M. James Lorenz United States District Court Judge COPY TO: HON. ANTHONY J. BATTAGLIA UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL -2- 07cv1403

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