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Igor Chepel and Lyudmila Rossoshanskaya v. Nationwide Insurance Company et al

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


September 20, 2012

IGOR CHEPEL AND LYUDMILA ROSSOSHANSKAYA, PLAINTIFFS,
v.
NATIONWIDE INSURANCE COMPANY ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER DISCHARGING OSC

On October 21, 2012, the court granted plaintiff Igor Chepel's application to proceed in forma pauperis (Dkt. No. 4).*fn1 However, on March 29, 2012, plaintiff commenced another action in this court, Chepel v. Mize, et al., 2:12-cv-00803 GEB KJN PS (E.D. Cal.), and paid the $350 filing fee.*fn2 Because there was reason to believe that Mr. Chepel's allegation of poverty is untrue, potentially rendering Mr. Chepel's claims subject to dismissal, the undersigned ordered plaintiff to show cause why he should not be ordered to pay the applicable filing fee in this case. (Order to Show Cause ("OSC") issued June 6, 2012, Dkt. No. 6 (citing 28 U.S.C. § 1915(e)(2)(A) (providing that "the court shall dismiss the case at any time if the court determines that . . . the allegation of poverty is untrue") (emphasis added).)

Plaintiff Chepel timely filed a response to the OSC ("Response"). (Response, Dkt. No. 7.) Plaintiff's Response sufficiently explains how the filing fee in plaintiff's other action came to be paid, and why plaintiff should be permitted to retain in forma pauperis status in this action. (Id.)

Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED that: The Order to Show Cause (Dkt. No. 6) is discharged.

IT IS SO ORDERED.


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