Sanders et al v. Bowers et al

Filing 6

ORDER Denying 5 Plaintiff's Motion to Proceed without Prepayment of Fees without prejudice. Plaintiffs shall have until 05/31/2013 in which to submit the completed application or pay the $350.00 filing fee. Signed by Magistrate Judge Carl W. Hoffman on 05/03/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LARRY SANDERS , et al.,

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Plaintiffs,
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vs.
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ESURANCE INSURANCE
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SERVICES, INC., et al.,
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Defendants. )
__________________________________________)

Case No. 2:13-cv-00652-JCM-CWH
ORDER

This matter is before the court on Plaintiffs’ Motion to Proceed without Prepayment of Fees

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(#5), filed May 2, 2013. Plaintiffs’ original Application to Proceed In Forma Pauperis (1) was filed on

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April 17, 2013. Upon review, the Court found that full and complete responses had not been provided

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on the application and, therefore, denied the application without prejudice. Plaintiffs have been

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instructed to submit an accurate, complete application by May 24, 2013. See Order (#3). Referring to

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themselves as “secured parties,” Plaintiffs have filed a motion indicating their belief that 28 U.S.C. §

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1915 does not apply to them because they are not incarcerated. Thus, they request that the court “put a

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stay on all court fees” and allow them to proceed without prepayment of fees.

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Parties instituting a civil action in federal district court must pay a filing of $350. See 28 U.S.C.

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1914(a) (“The clerk of each district court shall require the parties instituting any civil action . . . to pay a

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filing fee of $350, except that on application for a writ of habeas corpus the filing fee shall be $5.”). A

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district court is required to screen complaints brought by litigants who request leave to proceed in forma

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pauperis. See 28 U.S.C. § 1915(a)(1), (e)(2); Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001)

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(section 1915 applies to all applicants for in forma pauperis status, prisoner or non-prisoner). While

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much of section 1915 outlines how prisoners can file proceedings in forma pauperis, section 1915(e)

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applies to all in forma pauperis proceedings, not just those filed by prisoners. Long v. Maricopa
Community College Dist., 2012 WL 588965 (D. Ariz. 2012) (citing Lopez v. Smith, 203 F.3d 1122,

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1127 (9th Cir. 2000)). Before reaching review under section 1915(e), a party must first be authorized to

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proceed in forma pauperis. In order to be so authorized, “[a]ny person, who is unable to prepay the

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fees in a civil case, may apply to the Court for authority to proceed in forma pauperis.” See Local

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Special Rule 1-1 (emphasis added). “The application shall be made on the form provided by the Court

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and shall include a financial affidavit disclosing the applicant’s income, assets, expenses and

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liabilities.” Id. (emphasis added).

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Plaintiffs may not proceed without prepayment of fees until they have received authority from

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the Court to proceed in forma pauperis. In order to receive that authority, they are required to submit a

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complete and accurate financial affidavit on the form provided by the Court. If Plaintiffs are unwilling

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to submit the completed and accurate financial affidavit, they will not be permitted to proceed in forma

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pauperis and will be required to pay the full filing fee to commence this lawsuit.

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiffs’ Motion to Proceed without Prepayment of Fees

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(#5) is denied without prejudice. Plaintiffs shall have until May 31, 2013 in which to submit the

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completed application or pay the $350.00 filing fee. Failure to comply with this order will result in a

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recommendation that this action be dismissed.

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Dated: May 3, 2013.

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________________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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