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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER RAY PEOPLES, Case No.: 18-cv-0969 JAH-RBB Plaintiff, 12 13 v. 14 ORDER DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS [DOC. NO. 2] PREMIER VAN LINES Defendant. 15 16 17 18 On March 27, 2018, Christopher Ray Peoples (“Plaintiff”), proceeding pro se, filed 19 a complaint against Premier Van Lines (“Defendant”) for grievances which had occurred 20 between the parties. [Doc. No. 1]. Plaintiff also filed an application to proceed without 21 prepayment of fees and costs. [Doc. No. 2]. On May 16, 2018, the action was transferred 22 to this Court. [Doc. No. 3]. 23 All parties instituting any civil action, suit or proceeding in a district court of the 24 United States, except an application for writ of habeas corpus, must pay a filing fee of 25 $400. See 28 U.S.C. § 1914(a). A court may authorize the commencement of a suit without 26 prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or 27 her assets, showing that he or she is unable to pay the fees. See 28 U.S.C. § 1915(a). 28 1 18-cv-0969 JAH-RBB 1 Plaintiff states he receives VA Disability and Social Security Disability Insurance 2 (“SSDI”) for a total of $3788.00 per month. Plaintiff explains that his monthly expenses 3 total $4189.00, although the Court finds that he fails to adequately describe several of listed 4 expenditures. Regardless, Plaintiff indicates that he has $6,766.00 in cash or in a bank 5 account. Based on this information presented by Plaintiff, the Court finds that he fails to 6 sufficiently demonstrate his inability to pay the filing fee required to pursue the instant 7 action. Accordingly, Plaintiff’s application to proceed in forma pauperis is DENIED 8 without prejudice. 9 Although this Court cannot proceed until Plaintiff has either paid the $400 filing fee 10 required to maintain this action pursuant to 28 U.S.C. § 1914 or qualified to proceed in 11 forma pauperis, the Court will allow Plaintiff adequate time to submit payment of the fee 12 or provide additional information about his economic status. Accordingly, Plaintiff is 13 notified that in order to avoid dismissal of his case, he must either pay the $400 filing fee 14 or submit supplemental proof of his inability to pay the filing fee no later than September 15 10, 2018. If Plaintiff does not pay the filing fee or submit adequate proof of his inability to 16 pay the fee by September 10, 2018, his case will be dismissed without prejudice and he 17 will have to begin again by filing a new complaint. 18 19 20 21 22 IT IS SO ORDERED. DATED: August 8, 2018 _________________________________ JOHN A. HOUSTON United States District Judge 23 24 25 26 27 28 2 18-cv-0969 JAH-RBB

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