PEOPLES v. PREMIER VAN LINES

Filing 6

ORDER Denying Plaintiff's 2 Motion to Proceed in forma pauperis without prejudice. Signed by Judge John A. Houston on 8/8/2018. (mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER RAY PEOPLES,

Case No.: 18-cv-0969 JAH-RBB

Plaintiff,

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v.

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ORDER DENYING PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS [DOC. NO. 2]

PREMIER VAN LINES
Defendant.

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On March 27, 2018, Christopher Ray Peoples (“Plaintiff”), proceeding pro se, filed

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a complaint against Premier Van Lines (“Defendant”) for grievances which had occurred

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between the parties. [Doc. No. 1]. Plaintiff also filed an application to proceed without

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prepayment of fees and costs. [Doc. No. 2]. On May 16, 2018, the action was transferred

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to this Court. [Doc. No. 3].

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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). A court may authorize the commencement of a suit without

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prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or

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her assets, showing that he or she is unable to pay the fees. See 28 U.S.C. § 1915(a).

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18-cv-0969 JAH-RBB

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Plaintiff states he receives VA Disability and Social Security Disability Insurance

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(“SSDI”) for a total of $3788.00 per month. Plaintiff explains that his monthly expenses

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total $4189.00, although the Court finds that he fails to adequately describe several of listed

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expenditures. Regardless, Plaintiff indicates that he has $6,766.00 in cash or in a bank

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account. Based on this information presented by Plaintiff, the Court finds that he fails to

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sufficiently demonstrate his inability to pay the filing fee required to pursue the instant

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action. Accordingly, Plaintiff’s application to proceed in forma pauperis is DENIED

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without prejudice.

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Although this Court cannot proceed until Plaintiff has either paid the $400 filing fee

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required to maintain this action pursuant to 28 U.S.C. § 1914 or qualified to proceed in

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forma pauperis, the Court will allow Plaintiff adequate time to submit payment of the fee

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or provide additional information about his economic status. Accordingly, Plaintiff is

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notified that in order to avoid dismissal of his case, he must either pay the $400 filing fee

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or submit supplemental proof of his inability to pay the filing fee no later than September

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10, 2018. If Plaintiff does not pay the filing fee or submit adequate proof of his inability to

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pay the fee by September 10, 2018, his case will be dismissed without prejudice and he

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will have to begin again by filing a new complaint.

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IT IS SO ORDERED.
DATED:

August 8, 2018
_________________________________
JOHN A. HOUSTON
United States District Judge

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18-cv-0969 JAH-RBB