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John Jaghab v. Public Storage

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 9, 2012

JOHN JAGHAB,
PLAINTIFF,
v.
PUBLIC STORAGE, DEFENDANT.

The opinion of the court was delivered by: Honorable Janis L. SammartinoUnited States District Judge

ORDER (1) STRIKING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND (2) DISMISSING CIVIL ACTION WITHOUT PREJUDICE (ECF No. 2)

Presently before the Court is Plaintiff John Jaghab's ("Plaintiff") motion for leave to proceed in forma pauperis ("IFP"). (IFP Mot., ECF No. 2) All parties instituting any civil action, suit, or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). A federal court may authorize the commencement of an action without the prepayment of fees if the party submits an affidavit, including a statement of assets, showing that he is unable to pay the required filing fee. 28 U.S.C. § 1915(a); see also Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez, 169 F.3d at 1177 (9th Cir. 1999).

Plaintiff has filed this Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis," but the form is incomplete and unsigned. (See IFP Mot.) Pursuant to Federal Rule of Civil Procedure 11(a), "[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented. . . . The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention." On this basis the Court STRIKES Plaintiff's Motion to Proceed IFP. Moreover, even if the motion were signed, the Court is unable to determine from the incomplete information provided whether Plaintiff should be granted leave to proceed IFP.

Because Plaintiff has neither prepaid the $350 filing fee required to commence a civil action nor filed an acceptable Motion to Proceed IFP, this case must be dismissed pursuant to 28 U.S.C. § 1914(a). Rodriguez, 169 F.3d 1176, 1177 (9th Cir. 1999).

C ONCLUSION

For the reasons set forth above, the Court hereby:

(1) STRIKES Plaintiff's unsigned Motion to Proceed IFP pursuant to Rule 11(a);

(2) DISMISSES this action sua sponte without prejudice pursuant to 28 U.S.C. §§ 1914(a) and 1915(a);

(3) DENIES AS MOOT Plaintiff's Motion for Appointment of Counsel (ECF No. 3); and

(4) GRANTS Plaintiff forty-five days leave from the date this Order is filed to:

(a) prepay the entire $350 civil filing fee in full; or (b) file an amended Motion to Proceed IFP which is signed and fully completed.

IT IS FURTHER ORDERED that if Plaintiff fails to either prepay the $350 civil filing fee or complete and submit a revised Motion to Proceed IFP within that time, this action shall remain dismissed without prejudice and without further Order of the Court.

IT IS SO ORDERED.

20120709

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