Dunn v. Department of Consumer Affair

• Court: District Court, E.D. California
• Decided: June 30, 2025
• Docket: 1:25-cv-00777
• Status: Unknown

Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 ALANA DUNN and EMMA DUNN, Case No. 1:25-cv-00777-SKO 8 Plaintiffs, ORDER REQUIRING PLAINTIFFS 9 ALANA DUNN AND EMMA DUNN TO v. 10 SUBMIT APPLICATIONS TO PROCEED IN FORMA PAUPERIS OR PAY ONE DEPARTMENT OF CONSUMER AFFAIR, 11 FILING FEE WITHIN 21 DAYS et al.,

12 Defendants. ORDER DIRECTING CLERK OF COURT 13 TO FORWARD TWO IN FORMA PAUPERIS APPLICATIONS 14 TWENTY-ONE DAY DEADLINE 15 _____________________________________/

16 17 Plaintiffs Alana Dunn and Emma Dunn are each proceeding pro se in an action filed on June 18 26, 2025. (Doc. 1.) Plaintiffs have not paid the $405.00 filing fee, nor have they submitted 19 applications to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 20 To proceed in this action, Plaintiffs must EITHER (1) pay one $405.00 filing fee, or (2) both 21 Plaintiffs may submit applications to proceed in forma pauperis. See Darden v. Indymac Bancorp, 22 Inc., No. S-09-2970 JAM DAD PS, 2009 WL 5206637, at *1 (E.D. Cal. Dec. 23, 2009) (“Where 23 there are multiple plaintiffs in a single action, the plaintiffs may not proceed in forma pauperis 24 unless all of them demonstrate inability to pay the filing fee”) (emphasis added); see also Anderson 25 v. California, No. 10 CV 2216 MMA (AJB), 2010 WL 4316996, at *1 (S.D. Cal Oct. 27, 2010) 26 (“[A]lthough only one filing fee needs to be paid per case, if multiple plaintiffs seek to proceed in 27 forma pauperis, each plaintiff must qualify for IFP status”) (emphasis added). 28 Accordingly, IT IS HEREBY ORDERED that: 1 1. The Clerk of Court is DIRECTED to forward two in forma pauperis applications; 2 2. Within twenty-one (21) days of the date of service of this order, Plaintiffs shall either 3 (1) pay one $405.00 filing fee for this action; or (2) Plaintiffs Alana Dunn and Emma 4 Dunn shall each submit one of the attached applications to proceed in forma 5 pauperis, completed and signed; 6 3. No requests for extensions will be granted without a showing of good cause; and 7 4. Failure to comply with this order will result in recommendation that this action be 8 dismissed. 9 IT IS SO ORDERED. 10

11 Dated: June 30, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28