Doscher v. Lakeview Apartment Investors, LLC
Filing
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ORDER denying 1 Motion for Leave to Proceed in forma pauperis by Judge Benjamin H Settle. Plaintiff has until 9/28/2012 to submit filing fee or case will be dismissed. (TG)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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8 CHRISTIAN DOSCHER,
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Plaintiff,
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v.
11 LAKEVIEW APARTMENT
INVESTORS, LLC,
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Defendant.
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CASE NO. C12-5817 BHS
ORDER DENYING MOTION TO
PROCEED IN FORMA
PAUPERIS
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This matter comes before the Court on Plaintiff Christian Doscher’s (“Doscher”)
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request to proceed in forma pauperis (Dkt. 1).
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The district court may permit indigent litigants to proceed in forma pauperis upon
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completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the
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“privilege of pleading in forma pauperis . . . in civil actions for damages should be
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allowed only in exceptional circumstances.” Wilborn v. Escalderon, 789 F.2d 1328 (9th
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Cir. 1986). Moreover, the Court has broad discretion in denying an application to
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ORDER - 1
1 proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied
2 375 U.S. 845 (1963).
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It appears that Doscher has the ability to pay the $350 filing fee in this case.
4 Doscher has made a choice to file this civil action. While the costs of this action may
5 place a burden on his resources, Doscher appears to have sufficient funds to avail himself
6 of his legal remedies by filing this action.
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Therefore, it is hereby
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ORDERED that Doscher’s application to proceed in forma pauperis (Dkt. 1) is
9 DENIED. If Doscher desires to proceed with this civil action, he must pay the filing fee
10 to the Court Clerk no later than September 28, 2012. If Doscher fails to timely submit the
11 filing fee, the Clerk is directed to dismiss this case without prejudice.
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Dated this 13th day of September, 2012.
A
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BENJAMIN H. SETTLE
United States District Judge
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ORDER - 2
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