In re: Philip O. Emiabata

Filing 41

MINUTE ORDER re: Appellant's 36 MOTION for Leave to Proceed In Forma Pauperis; Plaintiff directed to submit new application, with current and complete information, within twenty (20) days of the date of this Minute Order. Authorized by Hon. Mary Alice Theiler. (PM) cc: Plaintiff with blank IFP Application via U.S. Mail

1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

5
6
7

PHILIP O. EMIABATA,
Appellant,

8
9
10

CASE NO. C17-1752-MJP

v.
MINUTE ORDER
SPECIALIZED LOAN SERVING LLC, and
AVAIL 1 LLC,

11

Appellees.

12
13
14

The following Minute Order is made at the direction of the Court, the Hon. Mary Alice
Theiler, United States Magistrate Judge:

15

Appellant submitted an application to proceed in forma pauperis (IFP). (Dkt. 36.) A

16

review of that application and the identical content in an IFP application filed in a different case

17

ten months earlier raises questions as to the accuracy and completeness of the information

18

provided in regard to appellant’s current financial status. (Compare id., with Dkt. 3 in Case No.

19

17-1302-JLR.) It is not clear, for example, whether appellant’s spouse continues to earn a

20

monthly salary. (See id. (both applications indicate a current monthly salary of $1,200 and state

21

“….Part time just started”).) Nor are the details of appellant’s monthly expenses or the sources

22

and amounts of any income utilized to pay those expenses clear. (See id. (indicating expenses

23

for “Housing, Utilities, having assistance” in the amount of “$0”).) The Court is unable to

MINUTE ORDER
PAGE - 1

1

consider the application to proceed IFP.

2

information as to his financial status, including any and all sources of money and an explanation

3

as to how appellant and his spouse are able meet basic monthly expenses. Appellant must

4

complete, sign, and date a new IFP application and Written Consent for Payment of Costs on the

5

form utilized and herein provided by this Court. Appellant is directed to submit the new

6

application, with current and complete information, within twenty (20) days of the date of this

7

Minute Order. Failure to comply may result in denial of the application to proceed IFP.

8

Appellant must provide complete and detailed

DATED this 22nd day of August, 2018.
WILLIAM M. MCCOOL, Clerk

9

By:

10
11
12
13
14
15
16
17
18
19
20
21
22
23

MINUTE ORDER
PAGE - 2

s/ Paula McNabb
Deputy Clerk