Scott v. Heredia ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DESIRAEE SCOTT, et al., Case No. 1:24-cv-01067-KES-CDB 12 Plaintiffs, ORDER DIRECTING PLAINTIFFS TO FILE LONG FORM APPLICATION TO 13 v. PROCEED IN FORMA PAUPERIS 14 ANTONIA HEREDIA, et al., (Doc. 4) 15 Defendants. 21-DAY DEADLINE 16 17 18 Plaintiffs Desiraee Scott, Jonathan Williams, S.W., and D.W. initiated this action with the 19 filing of their complaint on September 7, 2024. (Doc. 1). Plaintiffs did not pay the filing fee in 20 this action (Doc. 3) and, instead, applied to proceed in forma pauperis pursuant to 28 U.S.C. § 21 1915. Pending before the Court is Plaintiff Desiraee Scott’s application to proceed in forma 22 pauperis. (Doc. 4). However, Plaintiff’s application demonstrates that her income and resources 23 could be above the poverty threshold and the information provided is insufficient for the Court 24 to determine whether she is entitled to proceed without prepayment of fees in this action. 25 Additionally, the Court notes that there are two adult plaintiffs. However, Jonathan 26 Williams has not filed an application to proceed in forma pauperis. Although only one filing fee 27 needs to be paid per case, if multiple plaintiffs seek to proceed in forma pauperis, each adult 1 | separate applications to proceed in forma pauperis before the Court will grant multiple plaintiffs 2 | the status of in forma pauperis. Remmert v. Newsome, No. 123CVOOOSOADAHBK, 2023 WL 3 | 1806277, at *1 (E.D. Cal. Jan. 31, 2023) (citing Liang v. Kallis, No. 2:21-cv-0595-JAM-CKD, 4 | 2021 WL 1721668, at *1 (E.D. Cal. Apr. 30, 2021)). 5 Accordingly, the Court orders both Desiraee Scott and Jonathan Williams each to complete 6 | and file and separate and individual Applications to Proceed in District Court Without Prepaying 7 | Fees or Costs (Long Form)—AO 239. If Plaintiffs are unwilling to complete and submit the long 8 | form applications, Plaintiffs must pay the filing fee in full. 9 Based upon the foregoing, it is HEREBY ORDERED that: 10 1. The Clerk of the Court is directed to forward to Plaintiffs Desiraee Scott and 11 Jonathan Williams each separate Applications to Proceed in District Court Without 12 Prepaying Fees or Costs (Long Form)—AO 239; and 13 2. Within 21 days of service of this order, Plaintiffs Desiraee Scott and Jonathan 14 Williams shall either (1) pay the $405.00 filing fee for this action, or (2) complete 15 and file separate and individual Applications to Proceed in District Court Without 16 Prepaying Fees or Costs (Long Form)—AO 239. 17 Any failure by Plaintiffs to timely comply with this order will result in a recommendation 18 | that the action be dismissed. 19 [T IS SO ORDERED. Dated: _ September 13, 2024 | br Pr 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28