Andrade

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EMANUEL RODRIGUEZ ANDRADE, Case No. 24-cv-07434-HSG

8 Plaintiff, ORDER SUA SPONTE GRANTING PLAINTIFF AN EXTENSION OF TIME 9 v. TO FILE IN FORMA PAUPERIS APPLICATION OR PAY FILING FEE; 10 C.D.C.R, DIRECTIONS TO CLERK 11 Defendant.

12 13 Plaintiff commenced this action on or about October 24, 2024, when he filed with the 14 Court a pleading tiled “Truth Affidavit.” Dkt. No. 1. That same day, the Court sent him 15 deficiency notices, informing him that the action could not proceed without Plaintiff (1) filing a 16 complaint on the proper form, and (2) either filing an in forma pauperis application or paying the 17 filing fee. Dkt. Nos. 2, 3. The Court instructed Plaintiff to correct these deficiencies by 18 November 21, 2024, or this action would be dismissed. Id. Plaintiff has corrected one of these 19 deficiencies as he has filed a complaint on the proper form. Dkt. No. 7. However, Plaintiff has 20 neither filed an in forma pauperis application nor paid the filing fee. Plaintiff argues that the 21 United States is required to issue him a blank check to satisfy his filing fee obligation, per House 22 Joint Resolution 192, H.N.R 192-1933, President Roosevelt, and the Uniform Commercial Code 23 §§ 1-104, 3-419. Plaintiff is incorrect. Courts have repeatedly rejected the theory that the United 24 States government owes money to its citizens, and that the House Joint Resolution 192 of June 5, 25 1933, whereby the United States decided to suspend the gold standard, and the Uniform 26 Commercial Code operate jointly to allow United States citizens to use the debt owed them to 27 discharge debts owed to third parties. See, e.g., Moralez v. Winn, No. CIV 13-430-TUC-LAB, 1 government is holding profits in individual, secret trust accounts, one for each citizen, and that 2 House Joint Resolution 192 and the UCC allows citizens to recover monies in those accounts); 3 Matchynski v. Ocwen Loan Servicing, No. 13-CV-1915-BEN WMC, 2014 WL 202625, at *4 4 || (S.D. Cal. Jan. 16, 2014) (rejecting theory that private individual’s issuance of documents 5 claiming obligation of United States to pay the face value constitutes tender) (collecting California 6 state and federal cases). 7 In order to proceed with this action, Plaintiff must either pay the filing fee or be granted 8 leave to proceed in forma pauperis. 28 U.S.C. § 1914 (requiring clerk of each district court to 9 collect $350 filing fee from parties instituting any civil proceeding, and authorizing the collection 10 of additional fees authorized by Judicial Conference); 28 U.S.C. § 1915 (allowing commencement 11 of action in forma pauperis, i.e. without prepayment of fees, in certain circumstances). The Court 12 || sua sponte GRANTS Plaintiff an extension to January 6, 2025 to either pay the filing fee or file a 5 13 complete application to proceed in forma pauperis. The Clerk is directed to send Plaintiff a copy 14 of the Court’s in forma pauperis application form. 3 15 Failure to comply with the deadline set forth in this order will result in the dismissal of this 16 action for failure to follow a court without further notice to Plaintiff. IT IS SO ORDERED. 18 || patea: 12972024 19 Alaiprrnl 5 Mbt | HAYWOOD S. GILLIAM, JR. 20 United States District Judge 21 22 23 24 25 26 27 28