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7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 1:24-cv-01388-KES-BAM BYRON ARNOLD, et al., 12 Plaintiff, ORDER REQUIRING PLAINTIFFS TO 13 FILE COMPLETED APPLICATIONS TO v. PROCEED IN FORMA PAUPERIS OR 14 PAY FILING FEE WITHIN THIRTY DAYS 15 U.S. DEPARTMENT OF HOUSING AND Completed IFP Due: December 20, 2024 16 URBAN DEVELOPMENT FEDERAL TORT CLAIMS CENTER; et al. 17 Defendants. 18 19 Plaintiffs Byron Arnold and Kimbly Arnold, proceeding pro se, filed this civil action on 20 November 13, 2024. (Doc. 1.) The same day, Plaintiff Kimbly Arnold filed an application to 21 proceed in forma pauperis (“IFP”). (Doc. 1, 2.) However, as there are deficiencies with the IFP 22 application and Plaintiff Byron Arnold has not filed an IFP application, the Court will direct 23 Plaintiffs to each file a new and separate application. 24 First, under item 2 on the IFP application, Plaintiff Kimbly Arnold writes that their gross 25 pay or wages are “$1300” and their take-home pay or wages are “$1300,” but does not specify 26 the pay period or the employer’s name and address as required on the form. (Doc. 2 at 1.) 27 Under item 7, which required Plaintiff to name all persons dependent on Plaintiff for support, 28 Plaintiff’s relationship to each person, and how much Plaintiff contributes to their support, 1 Plaintiff simply wrote “Byron Arnold.” (Id. at 2.) Plaintiff Byron Arnold submitted no IFP 2 application or other financial information. (See Docs. 1-2.) 3 Under

(a)(1), a pro se plaintiff may proceed without prepayment of fees 4 by submitting “an affidavit that includes a statement of all assets such [person] possesses that the 5 person is unable to pay such fees or give security therefor.” See Flores v. California Corr. 6 Women’s Facility, No. 1:19-cv-1509-NONE-JLT,

, at *1 (E.D. Cal. June 24, 7 2020) (noting that § 1915(a)(1) applies to non-prisoner plaintiffs). Without knowing each 8 Plaintiffs’ financial circumstances, the Court cannot conclude that they are unable to pay the 9 $405.00 filing fee for this case. Accordingly, the Court will require each Plaintiff to file a 10 complete application that addresses the deficiencies listed above. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. The Clerk of Court is directed to mail each Plaintiff a form IFP application. (Form 13 AO 240); 14 2. Plaintiffs shall complete this IFP application, accurately, truthfully, and 15 completely answering all questions and shall file the form by no later than December 20, 16 2024. Alternatively, Plaintiffs may pay the $405.00 filing fee to proceed with this case; 17 3. No extension of time will be granted without a showing of good cause; and 18 4. The failure to comply with this order may result in dismissal of this action, 19 without prejudice. 20 21 IT IS SO ORDERED.

22 Dated: November 15, 2024 /s/ Barbara A. McAuliffe _ 23 UNITED STATES MAGISTRATE JUDGE

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