(PC) Burruel v. Bonta

E.D. California

(PC) Burruel v. Bonta

DecidedJanuary 28, 2022

Docket1:22-cv-00116

StatusUnknown

This text of (PC) Burruel v. Bonta ((PC) Burruel v. Bonta) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(PC) Burruel v. Bonta, (E.D. Cal. 2022).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL BURRUEL, III, Case No. 1:22-cv-00116-EPG (PC)

12 Plaintiff, ORDER FOR PLAINTIFF TO SUBMIT 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS BY A NON-PRISONER OR PAY 14 ROB BONTA, FILING FEE WITHIN 45 DAYS

15 Defendant.

16 17 Plaintiff is a civil detainee proceeding pro se in this case. Plaintiff submitted a one 18 paragraph document titled application to proceed in district court without prepayment of fees or 19 costs. (ECF No. 2). In his application Plaintiff states that he is not a prisoner and thus is not 20 subject to financial reporting requirements. 21 While Plaintiff may not be a prisoner, if he wants to proceed in forma pauperis in this 22 action, he must make a showing that he is unable to pay the filing fee. See, e.g., Corral v. 23 California Highway Patrol, 2021 WL 2268877, at *1 (E.D. Cal. June 3, 2021) (“The court may 24 authorize the commencement of an action ‘without prepayment of fees...by a person who submits 25 an affidavit’ showing that he is unable to pay such fees”) (citing 28 U.S.C. § 1915(a)), report and 26 recommendation adopted, 2021 WL 3488309 (E.D. Cal. Aug. 9, 2021). Plaintiff has not made 27 such a showing. 28 Therefore, the Court will direct Plaintiff to file an Application to Proceed in District Court 1 | Without Prepaying Fees or Costs (Short Form). 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Clerk of Court is directed to send Plaintiff an Application to Proceed in 4 District Court Without Prepaying Fees or Costs (Short Form). 5 2. Within forty-five (45) days of the date of service of this order, Plaintiff shall 6 submit the attached application to proceed in forma pauperis, completed and 7 signed, or in the alternative, pay the $402.00 filing fee for this action. 8 3. No requests for extension will be granted without a showing of good cause. 9 Failure to comply with this order will result in dismissal of this action. 10 IT IS SO ORDERED. 11 12 | Dated: _ January 28, 2022 [sJee— heey UNITED STATES MAGISTRATE JUDGE

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL BURRUEL, III, Case No. 1:22-cv-00116-EPG (PC)

12 Plaintiff, ORDER FOR PLAINTIFF TO SUBMIT 13 v. APPLICATION TO PROCEED IN FORMA PAUPERIS BY A NON-PRISONER OR PAY 14 ROB BONTA, FILING FEE WITHIN 45 DAYS

15 Defendant.

16 17 Plaintiff is a civil detainee proceeding pro se in this case. Plaintiff submitted a one 18 paragraph document titled application to proceed in district court without prepayment of fees or 19 costs. (ECF No. 2). In his application Plaintiff states that he is not a prisoner and thus is not 20 subject to financial reporting requirements. 21 While Plaintiff may not be a prisoner, if he wants to proceed in forma pauperis in this 22 action, he must make a showing that he is unable to pay the filing fee. See, e.g., Corral v. 23 California Highway Patrol, 2021 WL 2268877, at *1 (E.D. Cal. June 3, 2021) (“The court may 24 authorize the commencement of an action ‘without prepayment of fees...by a person who submits 25 an affidavit’ showing that he is unable to pay such fees”) (citing 28 U.S.C. § 1915(a)), report and 26 recommendation adopted, 2021 WL 3488309 (E.D. Cal. Aug. 9, 2021). Plaintiff has not made 27 such a showing. 28 Therefore, the Court will direct Plaintiff to file an Application to Proceed in District Court 1 | Without Prepaying Fees or Costs (Short Form). 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Clerk of Court is directed to send Plaintiff an Application to Proceed in 4 District Court Without Prepaying Fees or Costs (Short Form). 5 2. Within forty-five (45) days of the date of service of this order, Plaintiff shall 6 submit the attached application to proceed in forma pauperis, completed and 7 signed, or in the alternative, pay the $402.00 filing fee for this action. 8 3. No requests for extension will be granted without a showing of good cause. 9 Failure to comply with this order will result in dismissal of this action. 10 IT IS SO ORDERED. 11 12 | Dated: _ January 28, 2022 [sJee— heey UNITED STATES MAGISTRATE JUDGE

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