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David Gordon Cantrell v. Mary Lattimore and Order Associates

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 8, 2010

DAVID GORDON CANTRELL, PLAINTIFF,
v.
MARY LATTIMORE AND ORDER ASSOCIATES, ET AL., DEFENDANTS.

On October 7, 2010, plaintiff filed a complaint herein and requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis. Dckt. No. 2. Although he submitted an affidavit purporting to demonstrate that he is unable to prepay fees and costs, because the affidavit lists a variety of assets that plaintiff owns, the affidavit is insufficient to evaluate whether plaintiff can pay or give security for court costs and still be able to provide himself and his dependents with the necessities of life. See Adkins v. E.I. Dupont de Nemours & Co., 335 U.S. 331, 339 (1948); see also Monti v. McKeon,600 F. Supp. 112, 114 (D. Conn. 1984) ("in ruling on motions to proceed in forma pauperis, . . . courts have considered the income of interested persons, such as spouses and parents, in evaluating the funds available to the movant. . . . If the plaintiff is supported by her spouse, and her spouse is financially able to pay the costs of this appeal, it follows that the plaintiff's own lack of funds will not prevent her from gaining access to the courts.").

Therefore, on November 9, 2010, the undersigned issued an order directing plaintiff to file, within fourteen days, a further affidavit clarifying what, if any, "real estate, stocks, bonds, securities, other financial instruments, automobiles or any other thing of value" plaintiff owns. Dckt. No. 3. The November 9 order indicated that once plaintiff filed the further affidavit, the court would resume consideration of plaintiff's application to proceed in forma pauperis.*fn1

On November 22, 2010, plaintiff filed what appears to be an amended complaint in this action. Dckt. No. 4. However, he did not provide the information required by the November 9 order. Therefore, plaintiff will once again be ordered to provide that information.

Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff shall file, within fourteen days of the date of this order, a further affidavit clarifying what, if any, "real estate, stocks, bonds, securities, other financial instruments, automobiles or any other thing of value" plaintiff owns so that the court can determine whether plaintiff can pay or give security for court costs and still be able to provide himself and his dependents with the necessities of life.

2. If plaintiff fails to comply with this order and provide the necessary information, the undersigned will recommend that plaintiff's application to proceed in forma pauperis be denied, and that plaintiff be given thirty days in which to pay the filing fee of $350.00.


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