Wiley v. The State of California et al
Filing
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ORDER Requiring Plaintiff to File a Complete Application to Proceed in Forma Pauperis or Pay Filing Fee Within 30 Days signed by Magistrate Judge Jennifer L. Thurston on 06/02/2011. Motion for IFP due by 7/5/2011. (Flores, E)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY WILEY, SR.,
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Plaintiff,
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v.
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THE STATE OF CALIFORNIA, et al,
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Defendants.
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_______________________________________ )
Case No.: 1:11-cv-00866 LJO JLT
ORDER REQUIRING PLAINTIFF TO FILE A
COMPLETE APPLICATION TO PROCEED IN
FORMA PAUPERIS OR PAY FILING FEE
WITHIN 30 DAYS
(Doc. 2)
Plaintiff Anthony Wiley, Sr. (“Plaintiff”) initiated this action with the filing of his complaint
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(Doc. 1) and an application to proceeding in forma pauperis (Doc. 2), which he filed concurrently on
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May 27, 2011.
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In his application, Plaintiff indicates that he has a house under construction, valued at
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$100,000 but fails to detail what income is being used to pay for the construction. (Doc. 2 at 2) In
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addition, Plaintiff reports that be has received money from “Business, profession or other self-
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employment” within the last 12 months but has failed to report, “each source of money and [to] state
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the amount received and what you expect you will continue to receive.” (Doc. 2 at 1)
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The Court notes that Plaintiff admits in his complaint (Doc. 1) that he has been actively
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engaged in operating a recycling business since at least December 9, 2010 when he obtained his
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business license. Also, the Kern County Sheriff Department’s investigative report attached to
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Plaintiff’s complain indicates that Plaintiff’s business was paid more than $22,000 by Sierra
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Recycling & Demolition since the business license was issued. Thus, Plaintiff’s failure to report his
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full income borders on a duplicitous attempt to mislead this Court.
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Accordingly, Plaintiff is ORDERED:
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1.
To submit a complete amended application to proceed in forma pauperis, signed
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under penalty of perjury, within 21 days of the date of service of this order.
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a.
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In the amended application, Plaintiff SHALL state:
i.
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the amount of income he has received within the last 12 months from
any business, profession or self employment
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ii.
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the source of the funds that are being used to construct the $100,000
home.
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Upon receipt of this information, the Court will resume consideration of Plaintiff’s motion to
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proceed in forma pauperis. In the alternative, Plaintiff must pay the filing fee. Failure to comply
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with this order may result in denial of his application to proceed in forma pauperis.
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IT IS SO ORDERED.
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Dated: June 2, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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