Opinion
1:24-cv-00857-BAM
07-29-2024
PATRICK D. WALKER, Plaintiff, v. UNITED STATES FEDERAL GOVERNMENT. Defendant.
ORDER REQUIRING PLAINTIFF TO FILE COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN THIRTY DAYS
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
Plaintiff Patrick D. Walker, proceeding pro se, filed this civil action on July 25, 2024, along with an application to proceed in forma pauperis. (Doc. 1, 2.) However, as there are deficiencies with the IFP application, the Court will direct Plaintiff to file a new and separate application.
First, under item 2(b) on the IFP application, Plaintiff writes that he is self-employed but does not state the date of last employment, the amount of take-home salary or wages, the pay period for the salary or wages, and the name and address of the last employer. (Doc. 2 at 1.) Furthermore, under item 3 in the IP application, Plaintiff checked that he received money from “Business, profession or other self-employment” and “other sources,” but does not describe “each source of money and state the amount received and what [he expects he] will continue to receive.” (Id.)
Under 28 U.S.C. § 1915(a)(1), a pro se plaintiff may proceed without prepayment of fees by submitting “an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor.” See Flores v. California Corr. Women's Facility, No. 1:19-cv-1509-NONE-JLT, 2020 WL 8821643, at *1 (E.D. Cal. June 24, 2020) (noting that § 1915(a)(1) applies to non-prisoner plaintiffs). Without knowing each Plaintiff's financial circumstances, the Court cannot conclude that he is unable to pay the $405.00 filing fee for this case. Accordingly, the Court will require Plaintiff to file a complete application that addresses the deficiencies listed above.
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of Court is directed to mail Plaintiff a form IFP application. (Form AO 240);
2. Plaintiff shall complete this IFP application, accurately, truthfully, and completely answering all questions, and shall file the form by no later than August 30, 2024. Alternatively, Plaintiff may pay the $405.00 filing fee to proceed with this case;
3. No extension of time will be granted without a showing of good cause; and
4. The failure to comply with this order may result in dismissal of this action, without prejudice.
IT IS SO ORDERED.