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Ogundimo v. Steadfast Property & Development

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 13, 2009

CARLOTTA OGUNDIMO, PLAINTIFF,
v.
STEADFAST PROPERTY & DEVELOPMENT, DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DIRECTING PLAINTIFF TO SUBMIT A COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS WITHIN TWENTY DAYS (DOC. 3) ORDER DIRECTING THE CLERK TO SEND TO PLAINTIFF A BLANK APPLICATION TO PROCEED IN FORMA PAUPERIS FORM FOR A PERSON NOT IN CUSTODY

Plaintiff is proceeding pro se with an action for damages and other relief concerning alleged civil rights violations. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-304.

On February 5, 2009, Plaintiff lodged a complaint and an application to proceed in forma pauperis.

However, Plaintiff did not complete the application to proceed in forma pauperis. Plaintiff stated that within the past twelve months that she had received money from other sources, but she did not identify the source of money and state the amount received and what she expects that she will continue to receive.

Title 28 U.S.C. § 1915(a)(1) provides that any court of the United States may authorize the commencement, prosecution of defense of any civil or criminal suit, action, proceeding, or any appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets the person possesses and that the person is unable to pay such fees or give security therefor. Id.; Floyd v. United States Postal Service, 105 F.3d 274, 275-77 (6th Cir. 1997), modified on other grounds in Callihan v. Schneider, 178 F.3d 800, 801 (6th Cir. 1999). Here, because Plaintiff did not complete her application, the Court cannot determine whether Plaintiff qualifies financially to proceed in forma pauperis. However, the Court will give Plaintiff an opportunity either to pay the filing fee, or to submit a new application that is complete and that gives the Court all the required information.

Accordingly, it IS ORDERED that no later than twenty days after the date of service of this order Plaintiff SUBMIT a completed application to proceed in forma pauperis OR PAY the $350.00 filing fee; and the Clerk IS DIRECTED to send to Plaintiff with this order a blank application to proceed in forma pauperis for a person not in custody. Until receipt of the application or the expiration of the time for filing such an application, Plaintiff's complaint and other documents shall remain lodged with the Court. However, the Court will not proceed to process the action further until either the filing fee is paid, or a completed application to proceed in forma pauperis is received.

Plaintiff is warned that a failure to comply with this order will be considered to be a failure to comply with an order of the Court and may result in dismissal of her action.

IT IS SO ORDERED.

20090213

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