Johnson v. OfficeMax, Inc.
Filing
18
ORDER finding as moot 14 Motion to Proceed IFP signed by Magistrate Judge John F. Moulds on 11/7/11. (Matson, R)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
DAVID L. JOHNSON, JR.,
Plaintiff,
11
vs.
12
13
No. CIV 2:11-cv-2578-MCE-JFM (PS)
OFFICEMAX, INC.,
Defendant.
14
ORDER
/
15
This action was removed to this court from the Yolo County Superior Court by
16
17
defendant on September 30, 2011. Also on that date, defendant paid the $350 filing fee. On
18
October 11, 2011, plaintiff filed a motion to proceed in forma pauperis.
19
According to the federal code, “the clerk of each district court shall require the
20
parties instituting any civil action, suit or proceeding ... to pay a filing fee of $350.” 28 U.S.C.
21
§ 1914(a). In the alternative, “any court of the United States may authorize the commencement
22
... of any suit ... without prepayment of fees ... by a person who submits an affidavit that ... the
23
person is unable to pay such fees.” 28 U.S.C. § 1915(a)(1). Here, because the only named
24
defendant has been served and previously paid the filing, plaintiff’s motion to proceed in forma
25
pauperis will be denied as moot.
26
/////
1
1
Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 11, 2011
2
application to proceed in forma pauperis is denied as moot.
3
DATED: November 7, 2011.
4
5
6
7
/014;john2578.ifpdeny
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
