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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 CONSTANTINE GUS CRISTO, 11 v. 12 13 14 15 16 Plaintiff, THE CHARLES SCHWAB CORPORATION; SCHWAB HOLDINGS, INC; CHARLES SCHWAB & CO., INC.; CHARLES SCHWAB BANK; and CHARLES SCHWAB INVESTMENT MANAGEMENT, INC., 17 CASE NO. 17cv1843-GPC(MDD) ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS [Dkt. No. 2.] Defendants. 18 19 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.) 22 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). 26 1 27 28 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. -1- [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). 5 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. 12 IT IS SO ORDERED. 13 14 DATED: September 25, 2017 15 16 HON. GONZALO P. CURIEL United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2- [17cv1843-GPC(MDD)]

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