Doscher v. Lakeview Apartment Investors, LLC

Filing 2

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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 CHRISTIAN DOSCHER, 9 Plaintiff, 10 v. 11 LAKEVIEW APARTMENT INVESTORS, LLC, 12 Defendant. 13 CASE NO. C12-5817 BHS ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS 14 This matter comes before the Court on Plaintiff Christian Doscher’s (“Doscher”) 15 request to proceed in forma pauperis (Dkt. 1). 16 The district court may permit indigent litigants to proceed in forma pauperis upon 17 completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the 18 “privilege of pleading in forma pauperis . . . in civil actions for damages should be 19 allowed only in exceptional circumstances.” Wilborn v. Escalderon, 789 F.2d 1328 (9th 20 Cir. 1986). Moreover, the Court has broad discretion in denying an application to 21 22 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). 3 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. 7 Therefore, it is hereby 8 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. 12 Dated this 13th day of September, 2012. A 13 14 BENJAMIN H. SETTLE United States District Judge 15 16 17 18 19 20 21 22 ORDER - 2

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