Coe v. Strong
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION re 3 Report and Recommendation. Petitioner's application to Proceed In Forma Pauperis (Dkt. 1 ) is DENIED. If petitioner desires to proceed with this civil action, he shall pay the $5 filing fee to the Court Clerk, not later than February 12, 2014. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Steilacoom address . Modified on 1/22/2014 (JL).
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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KEVIN COE,
Petitioner,
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CASE NO. C13-6088 RJB-JRC
v.
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS
MARK STRONG,
Respondent.
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This matter comes before the court on the Report and Recommendation to Deny In
16 Forma Pauperis Status. Dkt. 3. The court has considered the relevant documents and the
17 remainder of the record herein.
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On December 26, 2013 petitioner, a resident at the Special Commitment Center (SCC),
19 filed an application to proceed in forma pauperis. Dkt. 1. On December 30, 2013, United States
20 Magistrate Judge J. Richard Creatura issued a Report and Recommendation, recommending that
21 the Court deny the application to proceed in forma pauperis because petitioner has sufficient
22 funds to pay the $5 filing fee in this case. Dkt. 3. Petitioner’s application shows that he receives
23 approximately $254.17 every month into his SCC account. Dkt. 1.
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ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING
APPLICATION TO PROCEED IN FORMA
PAUPERIS- 1
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DISCUSSION AND CONCLUSION
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The district court may permit indigent litigants to proceed in forma pauperis upon
3 completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the court has
4 broad discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314
5 F.2d 598 (9th Cir. 1963), cert. denied 375 U.S. 845 (1963).
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It appears that the petitioner has the cash and bank account funds to pay the $5 filing fee
7 in this case. Petitioner has made a choice to file this civil action. While the costs of this action
8 may place a burden on his resources, petitioner appears to have sufficient funds to avail himself
9 of his legal remedies by filing this action. Accordingly, the court should adopt the Report and
10 Recommendation and deny petitioner’s motion to proceed in forma pauperis. Before the court
11 dismisses this case, however, petitioner should have the opportunity to pay the filing fee.
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Therefore, it is hereby ORDERED that the Report and Recommendation to IFP
13 Application (Dkt. 3) is ADOPTED. Petitioner’s application to Proceed In Forma Pauperis (Dkt.
14 1) is DENIED. If petitioner desires to proceed with this civil action, he shall pay the $5 filing
15 fee to the Court Clerk, not later than February 12, 2014. If petitioner fails to timely submit the
16 filing fee, the Clerk is directed to dismiss this case without prejudice. The Clerk is directed to
17 send uncertified copies of this Order to all counsel of record and to any party appearing pro se at
18 said party’s last known address.
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Dated this 22nd day of January, 2014.
A
ROBERT J. BRYAN
United States District Judge
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ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING
APPLICATION TO PROCEED IN FORMA
PAUPERIS- 2
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