Ento v. Washington, DC ( 2021 )

1 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 CHRISTIAN DAVID ENTO, Case No. 1:21-cv-01537-DAD-HBK 13 Plaintiff, ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION 14 v. TO PROCEED IN FORMA PAUPERIS 15 WASHINGTON, DC, et al., (Doc. No. 2) 16 Defendants. ORDER TO SUBMIT COMPLETED APPLICATION TO PROCEED IN FORMA 17 PAUPERIS OR PAY FILING FEE WITHIN TWENTY-ONE (21) DAYS 18 19 20 Plaintiff initiated this action by filing a pro se Civil Rights Complaint By a Prisoner form1 21 om action pursuant to 42 U.S.C. § 1983 on October 18, 2021. (Doc. No. 1). Concurrent with the 22 complaint, Plaintiff filed an application to proceed in forma pauperis pursuant to 28 U.S.C. 23 § 1915. (Doc. No. 2). The application to proceed in forma pauperis is deficient because it was 24 not completed but was left blank and was unsigned. (Id.). Each motion or pleading filed with 25 this Court must include the original signature of the filing party or parties. Local Rule 131(b); 26 Fed. R. Civ. P. 11(a). Further, an affidavit of indigency must be signed under penalty of perjury. 27 1 Plaintiff’s complaint was filed using the prison form but the listed address does not match any state prisons. (Doc. 28 No. 1 at 1). 1 | Rowland v. California Men's Colony, Unit I! Men's Advisory Council, 506 U.S. 194, 205 (1993) 2 | (‘The perjury sanction thus serves to protect the public against misuse of public funds by a 3 | litigant with adequate funds of his own, and against the filing of “frivolous or malicious” lawsuits 4 | funded from the public purse.”); 28 U.S.C. § 1915(a), (c). 5 Accordingly, it is ORDERED: 6 1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is DENIED without 7 | prejudice. 8 2. Within twenty-one (21) days of receipt of this order, Plaintiff shall fully complete, 9 | sign and re-submit the enclosed application to proceed in forma pauperis, with Plaintiff's original 10 | signature, or in the alternative, pay the $402.00 filing fee for this action. Failure to comply with 11 | this order will result in a recommendation that the court dismiss this action for plaintiff’s 12 | failure to comply with court order and/or prosecute this action. 13 3. The Clerk of Court is directed to provide Plaintiff a copy of the Court’s in forma 14 | pauperis application form. 15 16 Dated: _ October 25, 2021 oe Uh. Sareh Zackte 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28