Riley v. Sheet Metal Workers International Association ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 EARL L. RILEY, III, Case No. 1:22-cv-00241-JLT-EPG 7 Plaintiff, 8 ORDER FOR PLAINTIFF TO SUBMIT LONG v. FORM APPLICATION TO PROCEED IN 9 FORMA PAUPERIS OR PAY FILING FEE SHEET METAL WORKERS WITHIN FORTY-FIVE DAYS 10 INTERNATIONAL ASSOCIATION, 11 Defendant. 12 13 14 Plaintiff Earl L. Riley, III, proceeding pro se, commenced this civil action on February 25, 15 2022, with the filing of the complaint that generally brings claims concerning employment 16 discrimination. (See ECF No. 1). With the filing of his complaint, Plaintiff submitted an 17 application to proceed in forma pauperis. (ECF No. 2). Under 28 U.S.C. § 1915(a)(1), a pro se plaintiff may proceed without prepayment of fees 18 by submitting “an affidavit that includes a statement of all assets such [person] possesses that the 19 person is unable to pay such fees or give security therefor.” See Flores v. California Corr. 20 Women’s Facility, No. 1:19-cv-1509-NONE-JLT, 2020 WL 8821643, at *1 (E.D. Cal. June 24, 21 2020) (noting that § 1915(a)(1) applies to non-prisoner plaintiffs). “[T]here is no formula set forth 22 by statute, regulation, or case law to determine when someone is poor enough to earn [in forma 23 pauperis] status.” Escobedo v. Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015). Rather, “[a]n 24 affidavit in support of an [in forma pauperis] application is sufficient where it alleges that the 25 affiant cannot pay the court costs and still afford the necessities of life.” Id. at 1234. However, “it 26 is proper and indeed essential for the supporting affidavits to state the facts as to affiant’s poverty 27 with some particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 28 (9th Cir. 1981) (quoting Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960)). 1 Among other things, the application form that Plaintiff filled out (AO 240) requires an 2 | applicant to specify any money received, such as from employment, over the past twelve months. 3 | form, Plaintiff indicated that he has not received any money from any source over the past A twelve months. (ECF No. 2, p. 1). However, Plaintiff's complaint states that he was hired by an 5 employer in July 2021 and complains that he was required to work “alone on jobs that require two 6 or more people.” (ECF No. 1, p. 2). Additionally, Plaintiff reports seeing an offensive photo on “the office wall” in September 2021. (/d.). Accordingly, Plaintiffs complaint indicates that he has ’ worked within the last year, and, presumably, meaning that he received money from employment 8 within the last year, contrary to what he declared under penalty of perjury on his form. ? Given these circumstances, the Court will require Plaintiff to file a long form application 10 | to proceed in form pauperis (AO 239). This form, among other things, requires more detailed 11 || information about sources of money received in the last twelve months and an applicant’s 12 | expenses. If Plaintiff has received any income from any employment over the last twelve months, 13 | he is required to list it on the form. 14 Accordingly, IT IS HEREBY ORDERED that: 15 1. The Clerk of the Court is respectfully directed to send Plaintiff a long form application 16 to proceed in forma pauperis (AO 239). 2. Within forty-five (45) days of the date of service of this order, Plaintiff shall submit the attached application to proceed in forma pauperis, completed and signed under 8 penalty of perjury, or in the alternative, pay the $402.00 filing fee for this action. No 19 requests for extension will be granted without a showing of good cause. Failure to 20 comply with this order may result in dismissal of this action. 21 92 | IT IS SO ORDERED. Dated: _-Mareh 1, 2022 [JEP hy — 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28