Moss v. Baldwin et al

Filing 4

ORDER conditionally granting 2 Motion for Leave to Proceed In Forma Pauperis. The Court grants Plaintiff's IFP request, on the condition that Plaintiff files a declaration indicating whether he has any assets or items of value, such as, but n ot limited to, real estate, trusts, inheritances, bonds, stocks, jewelry, artwork, cars, boats, or any other item of value, including any items held in someone else's name. The Court retains discretion to amend this order and deny Plaintiff's IFP request if Plaintiff fails to provide the Court such a declaration on or before 9/26/07. Signed by Judge Marilyn L. Huff on 8/27/07. (aje)

Moss v. Baldwin et al

Doc. 4

Case 3:07-cv-01617-H-LSP

Document 4

Filed 08/27/2007

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BARRY MOSS, vs. Plaintiff, CASE NO. 07-CV-1617-H (WMC) ORDER CONDITIONALLY GRANTING MOTION TO PROCEED IN FORMA PAUPERIS

JAMES and JANE BALDWIN, Defendants.

On August 15, 2007, pro se plaintiff Barry Moss ("Plaintiff") filed a complaint against defendants James and Jane Baldwin ("Defendants") alleging a violation of the U.S. Fair Credit Reporting Act, 15 U.S.C. § 1681 et. seq. (Doc. No. 1.) Plaintiff concurrently filed a motion to proceed in forma pauperis ("IFP") under 28 U.S.C. § 1915(a). (Doc. No. 2.) For the reasons stated below, the Court CONDITIONALLY GRANTS Plaintiff's motion to proceed IFP. Discussion I. Motion to Proceed In Forma Pauperis Section 1915(a) of title 28 of the United States Code allows a court to authorize a party to commence a lawsuit without prepayment of the filing fee if the plaintiff submits an affidavit demonstrating his or her inability to pay the filing fee. Plaintiff submitted a boilerplate IFP request, in which he stated that he has been unemployed since June 2006 and has no means of supporting himself. Plaintiff failed, however, to
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Dockets.Justia.com

Case 3:07-cv-01617-H-LSP

Document 4

Filed 08/27/2007

Page 2 of 2

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answer question 10, which asks whether he has any assets or items of value. Therefore, the Court grants Plaintiff's IFP request, on the condition that Plaintiff file a declaration indicating whether he has any assets or items of value, such as, but not limited to, real estate, trusts, inheritances, bonds, stocks, jewelry, artwork, cars, boats, or any other item of value, including any items held in someone else's name. The Court retains discretion to amend this order any deny Plaintiff's IFP request if Plaintiff fails to provide the Court such a declaration on or before September 26, 2007. IT IS SO ORDERED. DATED: August 27, 2007 MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT

COPIES TO: All parties of record.

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07cv1617