Banks v. Mesdaq Inc et al
Filing
4
ORDER: The motion for leave to proceed in forma pauperis (ECF No. 3 ) is Denied without prejudice. Plaintiff shall, within thirty (30) days of the date this Order is filed, either (1) pay the filing fee, or (2) submit a motion to proceed in forma pauperis reflecting the financial information of the named plaintiff in this case. If Plaintiff fails to submit payment or a motion to proceed in forma pauperis within thirty days of the date of this Order, the Court will dismiss the case without prejudice. Signed by Judge William Q. Hayes on 04/17/2018. (ajs)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
11
DWIGHT BANKS,
Case No.: 18cv724-WQH-JMA
Plaintiff,
12
13
v.
14
ORDER
MESDAQ INC dba GRAN
HAVANA CIGAR & HOOKAH
LOUNGE; MEDINA FAMILY
TRUST 90-25-2008; and DOES 110, inclusive,
15
16
17
Defendants.
18
19
HAYES, Judge:
20
On April 12, 2018, Plaintiff Dwight Banks initiated this action by filing a complaint
21
against Defendants Mesdaq Inc. doing business as Gran Havana Cigar & Hookah Lounge
22
and the Medina Family Trust 09-25-2008. Plaintiff alleges that he is a disabled individual
23
and brings a number of causes of action under state and federal law arising from
24
Defendants’ alleged failure to provide full and equal access to their facilities to individuals
25
with disabilities. (ECF No. 1). On April 12, 2018, a motion to proceed in forma pauperis
26
was also filed. (ECF No. 3).
27
All parties instituting a civil action, suit, or proceeding in a district court of the
28
United States, other than a petition for writ of habeas corpus, must pay a filing fee of
1
18cv724-WQH-JMA
1
$400.00. See 28 U.S.C. § 1914(a); CivLR 4.5. An action may proceed despite a party’s
2
failure to pay only if the party is granted leave to proceed in forma pauperis pursuant to 28
3
U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). “To
4
proceed in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116
5
(9th Cir. 1965).
6
While the docket reflects that the motion to proceed in forma pauperis was filed by
7
Plaintiff Dwight Banks, the motion to proceed in forma pauperis lists “Jerry Jackson” as
8
the Plaintiff and the affidavit in support of the application is also signed by “Jerry Jackson.”
9
(ECF No. 3). Dwight Banks is the only named plaintiff included in the complaint in this
10
case. The Court has not been provided with sufficient financial information as to Dwight
11
Banks to determine if he qualifies to proceed in forma pauperis in this civil action.
12
IT IS HEREBY ORDERED that the motion for leave to proceed in forma pauperis
13
(ECF No. 3) is denied without prejudice. Plaintiff shall, within thirty (30) days of the date
14
this Order is filed, either (1) pay the filing fee, or (2) submit a motion to proceed in forma
15
pauperis reflecting the financial information of the named plaintiff in this case. If Plaintiff
16
fails to submit payment or a motion to proceed in forma pauperis within thirty days of the
17
date of this Order, the Court will dismiss the case without prejudice.
18
Dated: April 17, 2018
19
20
21
22
23
24
25
26
27
28
2
18cv724-WQH-JMA
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?