Taylor v. Wells Fargo Bank et al

Filing 4

ORDER that the plaintiff's unsworn Application to Proceed IFP 2 is denied. The plaintiff may file a new Application to Proceed IFP using the attached form within 20 days from the date of this Order. In the absence of a timely and sufficient A pplication to Proceed IFP, the plaintiff's complaint and this action may be subject, without further notice, to dismissal without prejudice for lack of prosecution. Ordered by Magistrate Judge Thomas D. Thalken. (PCV) (order and application sent to plaintiff via mail)

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Taylor v. Wells Fargo Bank et al Doc. 4 Case: 8:07-cv-00127-JFB-PRSE Document #: 4 Date Filed: 04/11/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA EDITH R. TAYLOR, Plaintiff, vs. WELLS FARGO BANK, et al., Defendants. ) ) ) ) ) ) ) ) ) 8:07CV127 ORDER This matter is before the court on the Affidavit and Application to Proceed in Forma Pauperis (IFP) (Filing No. 2) filed by the plaintiff, Edith R. Taylor. The form submitted by the plaintiff contains insufficient information for use in this court. More important, the document is not executed under penalty of perjury or notarized. Therefore, Filing No. 2 must be denied, and the plaintiff shall have twenty (20) days from the date of this Order to file a new Application to Proceed IFP. The correct form is attached. IT IS ORDERED: 1. 2. 3. The plaintiff's unsworn Application to Proceed IFP (Filing No. 2) is denied. The plaintiff may file a new Application to Proceed IFP using the attached In the absence of a timely and sufficient Application to Proceed IFP, the form,1 within twenty (20) days from the date of this Order. plaintiff's complaint and this action may be subject, without further notice, to dismissal without prejudice for lack of prosecution. DATED this 11th day of April, 2007. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge 1 To complete the form, handwriting, if legible, is acceptable. Dockets.Justia.com Case: 8:07-cv-00127-JFB-PRSE OAO 240 (Rev. 10/03) Document #: 4 Date Filed: 04/11/2007 Page 2 of 3 UNITED STATES DISTRICT COURT For the Edith R. Taylor Plaintiff V. Wells Fargo Bank, et al., Defendant I, District of Nebraska APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT CASE NUMBER: 8:07CV127 declare that I am the (check appropriate box) G other G petitioner/plaintiff/movant in the above-entitled proceeding; that in support of my request to proceed without prepayment of fees or costs under 28 USC 1915 I declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief sought in the complaint/petition/motion. In support of this application, I answer the following questions under penalty of perjury: 1. Are you currently incarcerated? Are you employed at the institution? G Yes G No (If "No," go to Part 2) If "Yes," state the place of your incarceration Do you receive any payment from the institution? Attach a ledger sheet from the institution(s) of your incarceration showing at least the past six months' transactions. 2. Are you currently employed? a. G Yes G No If the answer is "Yes," state the amount of your take-home salary or wages and pay period and give the name and address of your employer. If the answer is "No," state the date of your last employment, the amount of your take-home salary or wages and pay period and the name and address of your last employer. b. 3. In the past 12 twelve months have you received any money from any of the following sources? a. b. c. d. e. f. Business, profession or other self-employment Rent payments, interest or dividends Pensions, annuities or life insurance payments Disability or workers compensation payments Gifts or inheritances Any other sources G G G G G G Yes Yes Yes Yes Yes Yes G G G G G G No No No No No No If the answer to any of the above is "Yes," describe, on the following page, each source of money and state the amount received and what you expect you will continue to receive. Case: 8:07-cv-00127-JFB-PRSE AO 240 Reverse (Rev. 10/03) Document #: 4 Date Filed: 04/11/2007 Page 3 of 3 4. Do you have any cash or checking or savings accounts? If "Yes," state the total amount. G Yes G No 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or any other thing of value? G Yes G No If "Yes," describe the property and state its value. 6. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I declare under penalty of perjury that the above information is true and correct. Date Signature of Applicant NOTICE TO PRISONER: A Prisoner seeking to proceed without prepayment of fees shall submit an affidavit stating all assets. In addition, a prisoner must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account.

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