Plemmons v. Unknown Names of Eye Clinic Employs at Boise, ID VA

Filing 8

MEMORANDUM DECISION AND ORDER. Plaintiffs Complaint 2 is DISMISSED, and this case shall be closed. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

CLEO JERRY PLEMMONS,
Case No. 1:14-cv-00072-BLW
Plaintiff,
MEMORANDUM DECISION AND
ORDER

v.
UNKNOWN NAMES OF EYE CLINIC
EMPLOYEES AT BOISE, ID VA,
Defendants.

As indicated in an earlier Order, the Clerk of Court conditionally filed Plaintiff’s
Complaint on February 28, 2014, due to his request to proceed in forma pauperis. (Dkt.
3.) However, Plaintiff’s application to proceed in forma pauperis was incomplete and thus
did not permit the Court to determine whether Plaintiff was qualified to proceed without
prepayment of the filing fee. See United States v. McQuade, 647 F.2d 938, 940 (9th Cir.
1981) (requiring that the affidavit “state the facts as to affiant’s poverty with some
particularity, definiteness and certainty”).
Accordingly, on March 5, 2014, Magistrate Judge Dale ordered Plaintiff to submit
a complete response to all application form questions or pay the filing fee by April 4,
2014. (Dkt. 6.) Plaintiff failed to pay the filing fee or submit a complete application form,
and the case was reassigned to the undersigned District Judge for disposition. Under these

MEMORANDUM DECISION AND ORDER - 1

circumstances, the case will be dismissed.
ORDER
IT IS ORDERED:
1.

Plaintiff’s Complaint is DISMISSED, and this case shall be closed.

DATED: July 2, 2014

B. LYNN WINMILL
Chief U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2