New Sensations, Inc. v. Does 1-1474
Filing
3
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/11 DENYING 1 Motion to Quash; and DENYING 2 Motion to Proceed IFP. The Clerk of Court is DIRECTED to serve a copy of this order on counsel as listed on movant's proof of service: Ira Siegel. The Clerk of Court is DIRECTED to close this miscellaneous action. CASE CLOSED. (Meuleman, A)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
NEW SENSATIONS, INC.
Plaintiff,
11
vs.
12
13
DOES 1-1474,
Defendants.
14
15
MISC 11-0089 GEB CKD PS
CURRY CUSTOM COMPUTERS,
Movant.
16
ORDER
/
17
Moving party Curry Custom Computers has moved to quash a subpoena. The
18
19
motion to quash references a subpoena that allegedly issued from the United States District
20
Court, District of New Jersey. The motion is procedurally defective in that a copy of the
21
subpoena at issue was not submitted in connection with the motion. Moreover, a review of the
22
docket for the District of New Jersey indicates that the civil action docketed under the number
23
referenced in the motion to quash is a social security action. In addition, queries of the District of
24
New Jersey docket yield no results for searches run on the name of plaintiff’s counsel or the
25
names of the parties. For these reasons, the motion to quash will be denied.
26
/////
1
Pursuant to federal statute, a filing fee of $46.00 is required to commence a
1
2
miscellaneous action in federal district court. 28 U.S.C. § 1914. The court may authorize the
3
commencement of an action “without prepayment of fees and costs or security therefor, by a
4
person who makes affidavit that he is unable to pay such costs or give security therefor.” 28
5
U.S.C. § 1915(a). The amount of movant’s earnings shows that movant is able to pay the
6
minimal filing fee for a miscellaneous action. Thus, movant has made an inadequate showing of
7
indigency. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California
8
Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F.
9
Supp. 316, (N.D. Cal. 1994). However, because the court will deny the motion to quash,
10
payment of the fee will not be required.
11
Accordingly, IT IS HEREBY ORDERED that:
12
1. The motion to quash (dkt. no. 1) is denied.
13
2. The motion to proceed in forma pauperis (dkt. no. 2) is denied.
14
3. The Clerk of Court is directed to serve a copy of this order on counsel as listed
15
on movant’s proof of service: Ira Siegel, 433 N. Camden Drive, Suite 970, Beverly Hills, CA,
16
90210.
4. The Clerk of Court is directed to close this miscellaneous action.
17
18
Dated: November 16, 2011
19
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
20
21
22
4
sensations.qua
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?
