(PS) Piper v. Harveys Casino et al, No. 2:2016cv02374 - Document 6 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/8/2016 VACATING 4 Findings and Recommendations; ORDERING the plaintiff to submit, within fourteen days, either a completed application and affidavit in support of his request to proceed in f orma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; CAUTIONING the plaintiff that a failure to comply with this order will result in a recommendation that this action be dismissed; DIRECTING the Clerk of Court to send the plaintiff a new Application to Proceed In Forma Pauperis. (Michel, G.)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS PIPER, 12 13 14 15 No. 2:16-cv-2374 GEB CKD PS Plaintiff, v. ORDER HARVEYS CASINO, et al., Defendants. 16 17 By order filed October 6, 2016, plaintiff was directed to either submit a completed in 18 forma pauperis application or pay the filing fee. Plaintiff did not respond to the court’s order. On 19 October 26, 2016, the court recommended that the action be dismissed. Plaintiff has filed 20 objections. The court will allow plaintiff one final opportunity to submit a completed in forma 21 pauperis application. 22 Plaintiff’s application states he has not received money from any source in the last twelve 23 months, owns no cash and has no savings or checking accounts, and owns no property. The 24 application on its face is not credible in light of plaintiff’s allegations in the complaint that he had 25 sufficient funds to gamble and win tens of thousands of dollars. Any amended affidavit must set 26 forth all resources plaintiff has, including receipt of disability benefits or general assistance and 27 must state the last date of plaintiff’s employment and provide the other information required 28 under question 2(b) of the form application. Plaintiff is advised that the application must be 1 1 signed under penalty of perjury. Any misrepresentations to the court regarding plaintiff’s 2 application will result in a recommendation that the action be dismissed. See 28 U.S.C. § 3 1915(e)(2)(A). 4 In accordance with the above, IT IS HEREBY ORDERED that: 5 1. The October 26, 2016 findings and recommendation are vacated; 6 2. Plaintiff shall submit, within fourteen days from the date of this order, either a 7 completed application and affidavit in support of his request to proceed in forma pauperis on the 8 form provided by the Clerk of Court, or the appropriate filing fee; plaintiff’s failure to comply 9 with this order will result in a recommendation that this action be dismissed; and 10 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 11 Forma Pauperis. 12 Dated: November 8, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 4 piper2374.2.inc 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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