Opinion
No. CIV S-08-0326 GEB GGH PS.
February 26, 2008
ORDER
On February 11, 2008, plaintiff filed a complaint but did not (1) pay the fee required to file an action in this court, or (2) file an application to proceed in forma pauperis without prepayment of the filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). On February 21, 2008, plaintiff filed a "Notice" that she should has retained counsel to represent her in this action.
Two matters require immediate resolution. First, plaintiff must either pay the filing fee or an application to proceed in forma pauperis. Second, plaintiff's counsel must make an appropriate appearance before this court pursuant to E. D. Cal. L. R. 83-182.
Accordingly, plaintiff will be provided the opportunity to submit the appropriate filing fee or an affidavit in support of a request to proceed in forma pauperis, and sufficient time for her attorney to make the appropriate appearance before this court or for plaintiff to confirm she proceeds in this action pro se.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff shall submit, within twenty days from the date of this order, the appropriate filing fee or a completed application and affidavit to proceed in forma pauperis; and
2. Plaintiff's attorney shall, within twenty days from the date of this order, make an appropriate appearance before this court pursuant to E. D. Cal. L. R. 83-182, or plaintiff shall confirm in writing that she proceeds in this action pro se.
3. Failure to comply with this order may result in a recommendation this action be dismissed.
4. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis. UNITED STATES DISTRICT COURT APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER CASE NUMBER:
EASTERN DISTRICT OF CALIFORNIA Plaintiff vs. Defendant(s) I, ___________________________________________, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. § 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.In support of this application, I answer the following questions under penalty of perjury: Have the institution fill out the Certificate portion of this application and attach a certified copy of your prison trust account statement showing transactions for the past six months. and
1. Are you currently incarcerated: Yes No (If "No" DO NOT USE THIS FORM) If "Yes" state the place of your incarceration. _____________________________________________ 2. Are you currently employed? Yes No a. If the answer is "Yes" state the amount of your pay. b. If the answer is "No" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. In the past twelve months have you received any money from any of the following sources? a. Business, profession or other self-employment Yes No b. Rent payments, interest or dividends Yes No c. Pensions, annuities or life insurance payments Yes No d. Disability or workers compensation payments Yes No e. Gifts or inheritances Yes No f. Any other sources Yes No If the answer to any of the above is "Yes" describe by that item each source of money and state the amount received what you expect you will continue to receive. Please attach an additional sheet if necessary. 4. Do you have cash or checking or savings accounts? Yes No If "Yes" state the total amount: ____________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? Yes No If "Yes" describe the property and state its value. ____________________________________________ 6. Do you have any other assets? Yes No If "Yes" list the asset(s) and state the value of each asset listed. 7. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. § 1915(b)(2).I declare under penalty of perjury that the above information is true and correct.
____________________ _______________________________________________________________ DATE SIGNATURE OF APPLICANTCERTIFICATE (To be completed by the institution of incarceration)
I certify that the applicant named herein has the sum of $________________ on account to his/her credit at _____________________________________ (name of institution). I further certify that during the past six months the applicant's average monthly balance was $________________. I further certify that during the past six months the average of monthly deposits to the applicant's account was $_______________.(Please attach a certified copy of the applicant's trust account statement showing transactions for the past six months.)
____________________ _______________________________________________________________ DATE SIGNATURE OF AUTHORIZED OFFICER