Opinion
1:21-cv-01019-DAD-BAM
07-01-2021
WILLIAM J. GRADFORD, Plaintiff, v. UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, Defendant.
ORDER REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 2) THIRTY-DAY DEADLINE
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
On June 28, 2021, Plaintiff William J. Gradford (“Plaintiff”), proceeding pro se, filed the instant action. (Doc. No. 1.) Plaintiff did not pay the filing fee and instead filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. No. 2).
Plaintiff's application is insufficient for the Court to determine if he is entitled to proceed without prepayment of fees in this action. The application itself is unclear. Specifically, Plaintiff's responses to whether or not he is incarcerated and whether or not he is employed do not provide clear answers. (Id. at 1.) Further, Plaintiff marked that he has income from other sources including cash stating that he has cash from “IRS stimulus checks, ” however, it is unclear the total cash Plaintiff has. (Id. at 2.)
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. 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;
2 Within thirty (30) days of the date of this order, Plaintiff 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
3. If Plaintiff fails to comply with this order, this action shall be dismissed.
IT IS SO ORDERED.