Turay v. Strong et al

Filing 10

ORDER denying 9 Plaintiff's Motion for Reconsideration; plaintiff has until 9/12/14 to pay the filing fee or this matter will be dismissed; signed by Judge Ronald B. Leighton.(DN) Modified on 8/29/2014 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICHARD G TURAY,

CASE NO. C14-5448 RBL

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Plaintiff,
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ORDER DENYING MOTION FOR
RECONSIDERATION

v.
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[DKT. #9]
MARK STRONG,

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Defendant.
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THIS MATTER is before the Court on Plaintiff Turay’s Motion for Reconsideration of

15 the Court’s denial of his application to proceed in forma pauperis [Dkt. # 8] The Magistrate
16 Judge’s Report and Recommendation accurately and clearly explained the deficiencies in
17 Turay’s IFP application:
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The Court will not grant in forma pauperis without full disclosure of a person’s
ability to pay.

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The district court may permit indigent litigants to proceed in forma pauperis upon
completion of a proper affidavit of indigence. See 28 U.S.C. § 1915(a). However, the
court has broad discretion in denying an application to proceed in forma pauperis.
Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. denied, 375 U.S. 845
(1963). Plaintiff has not filed a proper affidavit of indigence. Plaintiff did not
completely fill out the form and he has not provided the Court with all the
information the Court required. The undersigned recommends denial of plaintiff’s

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ORDER DENYING MOTION FOR
RECONSIDERATION - 1

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application to proceed in forma pauperis. Plaintiff should be given thirty days to pay
the full filing fee of four hundred dollars.

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[Dkt. #6 at 2]

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Turay’s current Motion reiterates his claim that he cannot afford the filing fee, but it does
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not address, much less remedy, the deficiencies outlined above.
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The Motion for Reconsideration [Dkt. #9] is therefore DENIED, and if the Plaintiff does
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not pay the filing fee by Friday, September 12, 23014, the case will be dismissed without
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prejudice.
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IT IS SO ORDERED.
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Dated this 29th day of August, 2014.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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[DKT. #9] - 2