1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTONIO EL, et al., Case No. 3:23-cv-00128-JD

8 Plaintiffs, ORDER DISMISSING CASE v. 9

10 STATE OF CALIFORNIA, et al., Defendants. 11

12 13 Pro se plaintiffs Antonio El, Marie Mairiam Bijou Bayo-El, Amirah Marie Toni White-El, 14 and Ali Mijan Muhammed White-Bey filed this action against over a dozen defendants, including 15 the State of California, the State Bar of California, and multiple individuals. Dkt. No. 1. They 16 also filed a single “short form” application to proceed in forma pauperis (IFP), signed only by 17 Antonio El. Dkt. No. 2. The IFP request was denied without prejudice to plaintiffs refiling 18 applications with their own statements of income and the like. Dkt. No. 12; see Remmert v. 19 Newsome, No. 1:23-cv-00050-ADA-HBK,

, at *1 (E.D. Cal. Jan. 31, 2023). 20 Plaintiffs were directed to refile their IFP applications by April 21, 2023, or pay the filing 21 fee by that same date. That deadline passed without any response or payment of the filing fee. El 22 subsequently filed an “affidavit of financial statement” in which he misquotes Article I, Section 10 23 of the United States Constitution as saying that “[a]ll debts shall be payable in gold or silver coin,” 24 and then states that he does “not have, or possess, any gold or silver coins.” Dkt. No. 13-2 at ECF 25 p. 1. This is apparently not the first time that El has presented this argument to circumvent the 26 requirements of the IFP statute,

. See El v. Yount, No. 18-cv-06061-HSG, Dkt. 27 No. 9 at 1 (N.D. Cal. Oct. 24, 2018). As before, the fact that El may not have any gold or silver 1 constitutional provision that he cites “is not relevant to [his] ability to proceed in forma pauperis.” 2 || Id. at 1-2. 3 Consequently, the case is dismissed without prejudice for failure to prosecute under 4 || Federal Rule of Civil Procedure 41(b). No further filings will be accepted without the Court’s 5 prior approval. 6 IT IS SO ORDERED. 7 Dated: April 26, 2023 8 9 JAMES/PONATO 10 United States District Judge 11 a 12

15 16

= 17

Z 18 19 20 21 22 23 24 25 26 27 28