Ento v. Washington, DC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CHRISTIAN DAVID ENTO, Case No. 1:21-cv-01537-DAD-HBK

Plaintiff, ORDER DENYING WITHOUT

PREJUDICE PLAINTIFF’S MOTION v. TO PROCEED IN FORMA PAUPERIS

WASHINGTON, DC, et al., (Doc. No. 2)

Defendants. ORDER TO SUBMIT COMPLETED

APPLICATION TO PROCEED IN FORMA

PAUPERIS OR PAY FILING FEE WITHIN TWENTY-ONE (21) DAYS

Plaintiff initiated this action by filing a pro se Civil Rights Complaint By a Prisoner form1 om action pursuant to 42 U.S.C. § 1983 on October 18, 2021. (Doc. No. 1). Concurrent with the complaint, Plaintiff filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. No. 2). The application to proceed in forma pauperis is deficient because it was not completed but was left blank and was unsigned. (Id.). Each motion or pleading filed with this Court must include the original signature of the filing party or parties. Local Rule 131(b); Fed. R. Civ. P. 11(a). Further, an affidavit of indigency must be signed under penalty of perjury.

Plaintiff’s complaint was filed using the prison form but the listed address does not match any state prisons. (Doc. No. 1 at 1).

Rowland v. California Men's Colony, Unit I! Men's Advisory Council, 506 U.S. 194, 205 (1993) (‘The perjury sanction thus serves to protect the public against misuse of public funds by a litigant with adequate funds of his own, and against the filing of “frivolous or malicious” lawsuits funded from the public purse.”); 28 U.S.C. § 1915(a), (c).

Accordingly, it is ORDERED:

1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is DENIED without prejudice.

2. Within twenty-one (21) days of receipt of this order, Plaintiff shall fully complete, sign and re-submit the enclosed application to proceed in forma pauperis, with Plaintiff's original signature, or in the alternative, pay the $402.00 filing fee for this action. Failure to comply with this order will result in a recommendation that the court dismiss this action for plaintiff’s failure to comply with court order and/or prosecute this action.

3. The Clerk of Court is directed to provide Plaintiff a copy of the Court’s in forma pauperis application form.

Dated: _ October 25, 2021 oe Uh. Sareh Zackte HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE