Opinion
No. C11-5708 RBL/KLS
09-12-2011
WILLIE BANKS, SR., Plaintiff, v. JUDGE STEVEN WARNING, SUSAN I. BAUR, and BRUCE HANIFY, Defendants.
ORDER TO SHOW CAUSE
This matter comes before the Court on Plaintiff's motion for leave to proceed in forma pauperis, filed by Plaintiff on September 6, 2011. ECF No. 1. Based on the information provided by Plaintiff, however, the Court is unable to make a proper determination of Plaintiff's eligibility for informa pauperis status.
In his application, Plaintiff states that he has received "US Government annuities $1,000.00." ECF No. 1, p. 2. It is unclear from Plaintiff's response the source of the funds, the nature of the funds received, and whether he will continue to receive funds from this source.
The court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. 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 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963).
Accordingly, it is ORDERED:
(1) Plaintiff shall provide the Court with an explanation of the government funds he has received including: (1) the name of the government agency that sends the funds; (2) the amount of the funds; (3) the purpose of the funds; (4) how often the funds are received; and (5) how long it is expected that the fund will be received. Plaintiff shall provide this explanation to the Court on or before September 30, 2011. Failure to do so by September 30, 2011 shall be deemed a failure to properly prosecute this matter and the court will recommend dismissal of this matter.
(2) The Clerk is directed to send a copy of this Order to Plaintiff.
Karen L. Strombom
United States Magistrate Judge