Marin v. Escondido Care Center et al

Filing 8

ORDER granting Motion to Proceed In Forma Pauperis, and denying as moot 7 Motion to Submit Additional Information for IFP and Motion to Seal. Signed by Judge Anthony J. Battaglia on 12/08/11. (All non-registered users served via U.S. Mail Service)(cge)

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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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MEL M. MARIN,

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Plaintiff,
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v.
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ESCONDIDO CARE, et al,
Defendants.

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Civil No.11cv1610 AJB (JMA)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
[Doc. Nos. 5 and 7]

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On October 6, 2011, the Plaintiff, Mel M. Marin, a non-prisoner proceeding pro se, refiled a

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Motion to Proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1) and Local Rule 3.2(a). The

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Court previously denied Plaintiff from proceeding in forma pauperis because his motion failed to state

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an inability to pay costs or give security with particularity, definiteness and certainty under 28 U.S.C. §

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1914(a). On September 29, 2011, Plaintiff was granted 30 days leave to pay $350.00 filing fee required

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to maintain the action pursuant to 28 U.S.C. § 1914, or to submit additional documentation regarding

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economic status. On October 6, 2011, Plaintiff submitted additional documentation regarding his

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economic status and attached a copy of the Court’s previous Order. On November 30, 2011, the Plaintiff

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filed a motion to submit additional information for IFP beyond the deadline set by the Court to do so and

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a motion to seal the declaration.

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11cv1610

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All parties instituting any civil action, suit or proceeding in a district court of the United States,

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except an application for writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a).

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An action may proceed despite a party’s failure to pay only if the party is granted leave to proceed IFP

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pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007);

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Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

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In accordance with the in forma pauperis statute, 28 U.S.C. § 1915(a)(1), and Civil Local Rule

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3.2, Plaintiff has now submitted a declaration with specific facts of his inability to pay along with his

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Motion. In light of the information provided by Plaintiff’s revised declaration, the Court hereby

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GRANTS Plaintiff’s Motion to Proceed In Forma Pauperis based upon the Plaintiff’s Supplemental

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Points, [Doc. No. 5], and DENIES AS MOOT Plaintiff’s Motion to Submit Additional Information for

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IFP and Motion to Seal Declaration, [Doc. No. 7].

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IT IS SO ORDERED.

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DATED: December 8, 2011

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Hon. Anthony J. Battaglia
U.S. District Judge

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