(PC) White v. California Department of Corrections and Rehabilitation

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA TERRENCE WHITE, Case No.: 1:24-cv-01389-SKO 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO CLARIFY AND COMPLETE HIS 13 v. RESPONSES TO QUESTIONS 2 AND 3(f) IN THE APPLICATION TO PROCEED IN CALIFORNIA DEPARTMENT OF DISTRICT COURT WITHOUT CORRECTIONS AND PREPAYING FEES OR COSTS REHABILITATION, et al., (Doc. 2) 16 Defendants.

14-DAY DEADLINE 18 Plaintiff Terrence White is former state prisoner and current parolee proceeding pro se in this civil rights action pursuant to 42 U.S.C. section 1983.

20 I. INTRODUCTION 21 Plaintiff initiated this action by filing his complaint on November 13, 2024,1 and filed an Application to Proceed in District Court Without Prepaying Fees or Costs. (Docs. 1, 2.)

1 Plaintiff is advised the Court is required to screen complaints brought by former prisoners and parolees pursuant to 28 U.S.C. section 1915A(a). See, e.g., Sample v. Heath, No. 1:15-cv-00164-SKO (PC), 2015 WL 6689557, at *1 (E.D. Cal. Oct. 28, 2015) (screening complaint brought by “former prisoner”); Wallace v. Jones, No. 2:12-cv-02018 TLN DAD P, 2013 WL 2190174, at *1 (E.D. Cal. May 20, 2013) (“The court is required to screen complaints brought by prisoners and parolees seeking relief against a governmental entity or an officer or employee of a government entity”). Following resolution of Plaintiff’s application to proceed without prepayment of the filing fee, Plaintiff’s complaint will be screened in due course. This Court is one of the busiest district courts in the nation. Delays, while unfortunate, are inevitable.

1 II. DISCUSSION 2 Plaintiff states that his “gross pay or wages” and “take-home pay or wages” are $800 every two weeks, and he does not receive any income from the following sources: business, profession, or other self-employment; rent payments, interest, or dividends; pension, annuity, or life insurance payments; disability or workers’ compensation payments; or gifts or inheritances.

6 (Doc. 2 at 1.) He states he has received “other source” income from “a Go-fund me account” in the past twelve months, but does not set forth the amount or whether he expects to receive income from that account “in the future.” (Id.) Plaintiff states he has $42 in cash or a checking or saving account, does not own any automobile, real estate, stock, bond, security, trust, jewelry, artwork, or other financial instrument or thing of value. (Id. at 2.) Plaintiff’s monthly expenses include rent and car insurance, his other financial obligations include a phone bill and a credit card bill, and no other persons are dependent upon him for support. (Id.) 13 The Court notes Plaintiff’s response to Question 2 concerning his employment is unclear.

14 Plaintiff indicates his “gross pay or wages” and his “take-home pay or wages” are each “800.00” “every 2 weeks.” Typically one’s gross (pre-tax, pre-deduction) pay is higher than one’s take home (after tax, after deduction) pay. Plaintiff is required to clarify his response. Plaintiff’s response to Question 3(f) is also incomplete. While Plaintiff acknowledges he received income from another source in the form of a GoFundMe account, Plaintiff was required to “state the amount that [he] received and what [he expects] to receive in the future” from that account.

20 To ensure that Plaintiff is entitled to proceed without prepayment of the required $405 filing fee for this action, Plaintiff will be directed to clarify and complete his responses to questions 2 and 3(f) before the Court issues a ruling on his pending application.

23 III. CONCLUSION AND ORDER 24 Accordingly, IT IS HEREBY ORDERED as follows: 25 1. The Clerk of the Court is DIRECTED to serve Plaintiff with a copy of his application 26 filed November 13, 2024, (Doc. 2), for ease of reference and as a one-time courtesy, 27 along with this Order; 1 2. Plaintiff SHALL clarify and complete his responses to the following questions, in 2 writing and under penalty of perjury, within 14 days of the date of this Order: 3 a. Plaintiff SHALL clarify his response to Question 2 by stating whether his 4 “gross pay or wages” and his “take-home pay or wages” are the same: $800 5 every two weeks, or whether those two sums are different after tax deductions 6 or other deductions. If those sums are different, Plaintiff should provide the 7 corrected figures; and 8 b. Plaintiff SHALL provide a complete response to Question 3(f) regarding any 9 GoFundMe account. Specifically, Plaintiff shall state (1) the amount of income 10 he earned from the GoFundMe account; and (2) whether he expects to receive 11 income from the GoFundMe account in the future.

12 WARNING: A failure to comply with this Order may result in a recommendation 13 that this action be dismissed, without prejudice, for a failure to obey court orders.

IT IS SO ORDERED.

16 Dated: November 15, 2024 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE