Cristo v. The Charles Schwab Corporation et al

Filing 3

ORDER Denying Plaintiff's 2 Motion for Leave to Proceed in Forma Pauperis. Signed by Judge Gonzalo P. Curiel on 9/25/17. (All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CONSTANTINE GUS CRISTO,

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v.

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Plaintiff,

THE CHARLES SCHWAB
CORPORATION; SCHWAB
HOLDINGS, INC; CHARLES
SCHWAB & CO., INC.; CHARLES
SCHWAB BANK; and CHARLES
SCHWAB INVESTMENT
MANAGEMENT, INC.,

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CASE NO. 17cv1843-GPC(MDD)
ORDER DENYING PLAINTIFF’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS
[Dkt. No. 2.]

Defendants.

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On September 12, 2017, Plaintiff Constantine Gus Cristo, proceeding pro se,

20 filed a complaint along with an application to proceed in fauma pauperis. (Dkt. Nos.
21 1, 2.)
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All parties instituting any civil action, suit, or proceeding in a district court of

23 the United States, except an application for writ of habeas corpus, must pay a filing fee
24 of $400. See 28 U.S.C. § 1914(a).1 An action may proceed despite a plaintiff’s failure
25 to prepay the entire fee only if he is granted leave to proceed IFP pursuant to § 1915(a).
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In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee
of $50. See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee
Schedule, § 14 (eff. Dec. 1, 2014)). The additional $50 administrative fee does not apply to persons
granted leave to proceed IFP. Id.
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[17cv1843-GPC(MDD)]

1 See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook,
2 169 F.3d 1176, 1177 (9th Cir. 1999). The plaintiff must submit an affidavit
3 demonstrating his inability to pay the filing fee, and the affidavit must include a
4 complete statement of the plaintiff’s assets. 28 U.S.C. § 1915(a)(1).
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Here, Plaintiff submitted a declaration reporting that he currently employed but

6 does not indicate his gross monthly pay. (Dkt. No. 2 at 2.) He also reports retirement
7 income of $853.90 and has $500 in his Charles Schwab account. (Id.) Plaintiff further
8 claims he has no real property, vehicles or other assets. (Id. at 2-3.) Since it appears
9 that Plaintiff is currently employed and does not provide his monthly income, the Court
10 is unable to determine whether Plaintiff meets the § 1915(a) requirements to proceed
11 IFP. Therefore, the Court DENIES Plaintiff’s motion for leave to proceed IFP.
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IT IS SO ORDERED.

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14 DATED: September 25, 2017
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HON. GONZALO P. CURIEL
United States District Judge

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[17cv1843-GPC(MDD)]