Contreras v. Vazquez et al

Filing 4

ORDER denying Plaintiff's 2 Motion for Leave to Proceed in Forma Pauperis; Denying w/o prejudice as moot 3 Motion to Appoint Counsel. Pla directed to pay filing fee w/in 20 days of the filing of this Order. Pla cautioned that failure to pay filing fee will result in dismissal of the action. Pla may renew motion for appointment of counsel upon payment of the $350 filing fee. Signed by Judge Irma E. Gonzalez on 8/6/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).

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 Rocky Mel Contreras, vs. Plaintiff, CASE NO. 09cv1267 - IEG - CAB ORDER (1) DENYING LEAVE TO PROCEED IN FORMA PAUPERIS Defendant. (2) DENYING AS MOOT MOTION FOR APPOINTMENT OF COUNSEL

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Omar Vazquez; USCG Sector San Diego,

On June 10, 2009, Plaintiff filed this action pursuant to 42 U.S.C. § 1983 action, a motion to proceed in forma pauperis, and a motion for appointment of counsel. [Doc. Nos. 1 - 3.] Having reviewed Plaintiff's submissions, the Court DENIES Plaintiff's motions. LEGAL STANDARD All parties instituting any civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $350. 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). DISCUSSION The Court has reviewed Plaintiff's affidavit of assets and finds he is able to pay the fees or post securities required to maintain this action. Plaintiff lists substantial monthly income from

unemployment insurance ­ more than ten times the filing fee ­ supplemented by income from various -1-

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other sources. [Doc. No. 2.] Accordingly, the Court DENIES Plaintiff's application to proceed in forma pauperis and directs Plaintiff to pay the filing fee within twenty days of the filing of this order. The Court cautions Plaintiff that a failure to pay the filing fee will result in dismissal of the action. As for the motion for appointment of counsel, the Court DENIES THE MOTION WITHOUT PREJUDICE because the motion is moot. Plaintiff may renew the motion upon payment of the $350 filing fee. CONCLUSION For the foregoing reasons, the Court DENIES Plaintiff's motions.

IT IS SO ORDERED. DATED: August 6, 2009 IRMA E. GONZALEZ, Chief Judge United States District Court

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