Collen v. Yamaoka et al

Filing 7

ORDER DENYING IN FORMA PAUPERIS REQUEST AND STAYING MOTION FOR APPOINTMENT OF COUNSEL re 2 , 3 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/15/2015. "Plaintiff must pay the entire filing fee of $400.00, orsubm it an IFP application on this court's IFP application form, including a certified six-month trust account statement showing that he is a pauper within the meaning of the statute, and his signed permission to withdraw funds from his account on or before January 26, 2015. Failure to do so may result in dismissal of this action for failure to prosecute or follow a court order." "The Clerk is DIRECTED to send Plaintiff a blank IFP application so he may comply with this Order." " Plaintiff's motion for appointment of counsel is STAYED until the court receives payment or a sufficient District of Hawaii IFP application." (emt, )CERTIFICATE OF SERVICEP articipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). John Andrew Collen served by first class mail at the address of record on January 16, 2015. A copy of the court's Application to Proceed in Forma Pauperis by a Prisoner form and its instructions were included in the mailing to Mr. Collen.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
JOHN ANDREW COLLEN, #A1063784, )
)
)
Plaintiff,
)
vs.
)
)
NORMAN YAMAOKA, SCOTT
)
)
HARRINGTON, CRISTY YOKOYAMA,
SEAN ORNELLAS,
)
)
)
Defendants.
______________________________ )

CIV. NO. 14-00577 SOM/KSC
ORDER DENYING IN FORMA
PAUPERIS REQUEST AND STAYING
MOTION FOR APPOINTMENT OF
COUNSEL

ORDER DENYING IN FORMA PAUPERIS REQUEST AND
STAYING MOTION FOR APPOINTMENT OF COUNSEL
Before the court is pro se Plaintiff John Andrew
Collen’s request to proceed in forma pauperis (“IFP”) in this
prisoner civil rights action.

Plaintiff is incarcerated at the

Waiawa Correctional Facility (“WCF”) and alleges Defendants
violated his rights under the Prison Rape Elimination Act
(“PREA”), 42 U.S.C. § 15602 et seq., and the Eighth Amendment.
Plaintiff’s IFP request is DENIED without prejudice.
Parties filing actions in the United States District
Court are required to pay filing fees.

28 U.S.C. § 1914(a).

An

action may not proceed without the prepayment of a filing fee or
an order granting IFP status.

See 28 U.S.C. § 1915(a)(1).

First, Plaintiff’s IFP request is not on a District of Hawaii

application.1

Second, while it provides prison certification

attesting to the amount in his account on December 1, 2014, it
lacks a certified account statement showing the withdrawals and
deposits to his account over the previous six months.
U.S.C. § 1915(a)(2).

Finally, it also lacks Plaintiff’s signed

release for withdrawal of funds from his account.
Rule LR99.7.10.

See 28

See id.; Local

Plaintiff’s IFP request is DENIED as incomplete.

Plaintiff must pay the entire filing fee of $400.00, or
submit an IFP application on this court’s IFP application form,
including a certified six-month trust account statement showing
that he is a pauper within the meaning of the statute, and his
signed permission to withdraw funds from his account on or before
January 26, 2015.

Failure to do so may result in dismissal of

this action for failure to prosecute or follow a court order.
See Fed. R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d
109, 112 (9th Cir. 1995); In re Perroton, 958 F.2d 889, 890 (9th
Cir. 1992); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.
1992).
Plaintiff is notified that, as a prisoner, he is
obligated to pay the entire filing fee for commencing this suit,
regardless of whether it is later dismissed.

1

See 28 U.S.C.

Plaintiff’s IFP request is on a Hawaii Rules of Penal
Procedure, Form B, “Request to Proceed Without Paying Filing
Fees” application.
2

§ 1915(b)(1).

The Clerk is DIRECTED to send Plaintiff a blank

IFP application so he may comply with this Order.
Plaintiff’s motion for appointment of counsel is STAYED
until the court receives payment or a sufficient District of
Hawaii IFP application.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, January 15, 2015.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Collen v. Yamaoka, et al., 1:14-00577 SOM/KSC;J:\PSA Draft Ords\SOM\Collen 14-577 SOM
(dny ifp, incmp, ct. form, release funds).wpd

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