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Allen v. Boudreaux

United States District Court, Eastern District of California
Jun 27, 2022
1:22-cv-00768-SAB (E.D. Cal. Jun. 27, 2022)

Opinion

1:22-cv-00768-SAB

06-27-2022

CHARLOTTE ALLEN, Plaintiff, v. MICHAEL BOUDREAUX, et al., Defendants.


ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE AND REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION OR PAY FILING FEE (ECF No. 2)

TWENTY-ONE DAY DEADLINE

Plaintiff Charlotte, proceeding pro se, filed a complaint in this action on June 23, 2022. (ECF No. 1.) Plaintiff did not pay the filing fee in this action and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.) However, Plaintiffs application does not contain sufficient information for the Court to determine if she is entitled to proceed in this action without prepayment of fees. Plaintiff's application indicates she has no sources of income. Plaintiff checks the box indicating she does not have a checking or savings account, however, also indicates she has $150,000. (ECF No. 2 at 2.) Plaintiff indicates she owns a home valued $700,000, however, her complaint indicates the house was “stolen” by the Tulare County Sheriff, and a real estate company. (Id.; ECF No. 1 at 6.)

Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) - AO 239. If Plaintiff is unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in full.

Based upon the foregoing, it is HEREBY ORDERED that:

1. Plaintiff's application to proceed in forma pauperis is DENIED without prejudice;

2. The Clerk of the Court is directed to forward an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) - AO 239 to Plaintiff;

3. Within twenty-one (21) days of the date of this order, Plaintiffs shall either (1) pay the $402.00 filing fee for this action, or (2) complete and file the enclosed Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) - AO 239; and

4. If Plaintiff fails to comply with this order, this action shall be dismissed for failure to pay the filing fee and failure to comply with a court order.

IT IS SO ORDERED.


Summaries of

Allen v. Boudreaux

United States District Court, Eastern District of California
Jun 27, 2022
1:22-cv-00768-SAB (E.D. Cal. Jun. 27, 2022)
Case details for

Allen v. Boudreaux

Case Details

Full title:CHARLOTTE ALLEN, Plaintiff, v. MICHAEL BOUDREAUX, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 27, 2022

Citations

1:22-cv-00768-SAB (E.D. Cal. Jun. 27, 2022)