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)

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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

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