Montorey LLC et al v. United States et al
Filing
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ORDER Denying 2 Motion to Proceed in Forma Pauperis without prejudice. Within fourteen days of the date of this Order, Plaintiff shall either: (a) pay the requisite $400 filing fee, or (b) file a renewed motion for IFP containing the re quisite information regarding his ability to pay the costs of commencing this action. If Plaintiff fails to timely submit payment or a renewed motion for IFP, this case shall be dismissed. Signed by Judge Michael M. Anello on 08/23/2017. (All non-registered users served via U.S. Mail Service)(ajs)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 17cv1636-MMA (MDD)
MONTOREY LLC, MONTOREY
DANYELL HARPER,
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ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
Plaintiffs,
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v.
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UNITED STATES, UN, NATO,
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[Doc. No. 2]
Defendants.
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On August 14, 2017, Plaintiffs Montorey LLC and Montorey Danyell Harper filed
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this action against the United States, UN, and NATO. Plaintiff Montorey Harper
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simultaneously filed a motion to proceed in forma pauperis (“IFP”). Doc. No. 2.
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All parties instituting any civil action, suit or proceeding in a district court of the
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United States, except an application for writ of habeas corpus, must pay a filing fee of
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$400. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to
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prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. §
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1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). “To proceed in
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forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir.
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1965). A party need not be completely destitute to proceed in forma pauperis. Adkins v.
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E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–40 (1948). But “the same even-
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handed care must be employed to assure that federal funds are not squandered to
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17cv1636-MMA (MDD)
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underwrite, at public expense, either frivolous claims or the remonstrances of a suitor
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who is financially able, in whole or in material part, to pull his own oar.” Temple v.
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Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984). Further, although only one filing fee is
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required per case, where there are multiple plaintiffs, a court may consider the
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availability of funds from each of the plaintiffs in determining whether to grant IFP
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status. See Nur v. Blake Development Corp., 664 F. Supp. 430, 431 (N.D. Ind. 1987).
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Plaintiff Montorey Harper states that has a monthly income of $4,231.00 per
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month—$2,915.00 in disability payments, and $1,316.00 in other funds. He also avers
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that he has $220.00 in cash and $80.88 in bank accounts. Plaintiff states that his monthly
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expenses amount to $3,100.00, meaning that his net income amounts to more than
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$1,000.00 per month. Accordingly, the Court finds Plaintiff is able to pay the $400 filing
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fee in order to institute this action. Thus, the Court DENIES without prejudice Plaintiff’s
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motion to proceed IFP. Doc. No. 2; see Civ. L.R. 3.2. Within fourteen days of the date
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of this Order, Plaintiff shall either: (a) pay the requisite $400 filing fee, or (b) file a
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renewed motion for IFP containing the requisite information regarding his ability to pay
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the costs of commencing this action. If Plaintiff fails to timely submit payment or a
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renewed motion for IFP, this case shall be dismissed.
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IT IS SO ORDERED.
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Date: August 23, 2017
_____________________________
Hon. Michael M. Anello
United States District Judge
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17cv1636-MMA (MDD)
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