Filed: Feb. 14, 2020
Latest Update: Feb. 14, 2020
Summary: ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE (ECF No. 2) ORDER REQUIRING PLAINTIFF TO FILE COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff Kevin William Rost, Jr. is a pretrial detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C. 1983. Currently before the Court is Plaintiff's application to proceed in forma pauperis, filed on February 13, 2020. ((ECF No. 2.)
Summary: ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE (ECF No. 2) ORDER REQUIRING PLAINTIFF TO FILE COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff Kevin William Rost, Jr. is a pretrial detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C. 1983. Currently before the Court is Plaintiff's application to proceed in forma pauperis, filed on February 13, 2020. ((ECF No. 2.) ..
More
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE
(ECF No. 2)
ORDER REQUIRING PLAINTIFF TO FILE COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE
BARBARA A. McAULIFFE, Magistrate Judge.
Plaintiff Kevin William Rost, Jr. is a pretrial detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff's application to proceed in forma pauperis, filed on February 13, 2020. ((ECF No. 2.)
However, Plaintiff's application to proceed in forma pauperis is incomplete. Specifically, the certificate portion of the application is not filled-out, dated, and signed by an authorized officer of the Kings County Jail and there is no certified copy of Plaintiff's Kings County Jail trust account statement for the six-month period immediately preceding the filing of Plaintiff's complaint attached to the application as the instructions require. Plaintiff must submit a completed application, including a certified copy of his trust account statement from the Kings County Jail, if he wishes for his application to proceed in forma pauperis to be considered by the Court.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion to proceed in forma pauperis, (ECF No. 2), is DENIED without prejudice;
2. The Clerk of the Court is directed to serve a blank in forma pauperis application for a prisoner on Plaintiff;
3. Within thirty (30) days from the date of service of this order, Plaintiff shall file the attached application to proceed in forma pauperis, completed and signed, including a certified copy of his jail trust account statement for the past six months, or, in the alternative, pay the $400.00 filing fee for this action;
4. No extension of time will be granted without a showing of good cause; and
5. Plaintiff is warned that the failure to comply with this order will result in the recommendation dismissal of this action without prejudice.
IT IS SO ORDERED.
INFORMATION TO PRISONERS SEEKING LEAVE TO PROCEED WITH A CIVIL ACTION IN FEDERAL COURT IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915
In accordance with 1996 amendments to the in forma pauperis statute, AS A PRISONER YOU WILL BE OBLIGATED TO PAY THE FULL FILING FEE OF $350.00 FOR A CIVIL RIGHTS ACTION, $5.00 FOR A HABEAS CORPUS PETITION, OR $505.00 FOR AN APPEAL. If you are not afforded in forma pauperis status in a Civil Rights Action, you will be required to pay the $350.00 filing fee plus a $50.00 administrative fee for a total of $400.00.
If you have the money to pay the full filing fee, send a cashier's check or money order made payable to the U.S. District Court with your complaint, petition, or notice of appeal.
If you do not have enough money to pay the full filing fee when your action is filed, you can file the action without prepaying the filing fee. The court will order the facility where you are held in custody to collect the filing fee from your prison or jail trust account. EACH MONTH YOU WILL OWE 20 PERCENT OF YOUR PRECEDING MONTH'S INCOME TOWARD THE BALANCE UNTIL THE FILING FEE IS PAID IN FULL. The facility will forward payments to the court any time the amount in the account exceeds $10.00. The balance of the filing fee will be collected even if the action is later dismissed, summary judgment is granted against you, or you fail to prevail at trial. In order to proceed with an action in forma pauperis, you must complete the attached form and return it to the court with your complaint, habeas corpus petition, or appeal. The form includes your authorization for the agency having custody of you to provide a certified copy of your trust account statement for activity covering the last six months directly to the Court so that your eligibility for in forma pauperis status can be determined. Your signature on the form also authorizes the agency having custody of you to collect money from your trust account and forward it to the Clerk of the United States District Court payments if you are granted in forma pauperis status. 28 U.S.C. § 1915(b)(2). If you are housed at a non-CDCR facility (such as a local jail or federal facility), you must have your institution complete the certification on the form and attach a certified copy of your prison or jail account statement for the last six months.
If you submit an incomplete form or you are ineligible for in forma pauperis status, your request to proceed in forma pauperis will be denied.
The court is required to screen your complaint regardless of the amount of filing fee paid and will dismiss the complaint if:
1. Your allegation of poverty is untrue;
2. The action is frivolous or malicious;
3. Your complaint does not state a claim on which relief can be granted, or
4. You sue a defendant for money damages and that defendant is immune from liability for money damages.
If you file more than three actions or appeals while incarcerated that are dismissed as frivolous, malicious, or for failure to state a claim on which relief can be granted, you will be prohibited from bringing any other actions in forma pauperis unless you are in imminent danger of serious physical injury. (Revised 06/2016)
