Free Order on Motion for Leave to Proceed in forma pauperis - District Court of California - California

Case 3:08-cv-00597-L-RBB

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Filed 05/29/2008

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1 2 3 4 5 6 7 8 9 10 Civil No. 08cv597-L(RBB) 11 RD LEGAL FUNDING, LLC, 12 13 v. 14 ERWIN & BALINGIT, LLP, et al., 15 16 17 In this diversity action for breach of contract and related state law claims, Defendant Defendants. Plaintiff, ) ) ) ) ) ) ) ) ) ) ORDER DENYING DEFENDANT CLARENCE MICHAEL BALINGIT'S MOTION TO PROCEED IN FORMA PAUPERIS UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

18 Clarence Michael Balingit filed a Motion and Declaration Under Penalty of Perjury in Support 19 of Motion to Proceed in Forma Pauperis ("IFP Motion"). For the reasons which follow, 20 Defendant's IFP Motion is DENIED. 21 Defendant is a licensed attorney. His declaration flied in support of the IFP Motion

22 shows he received at least $60,000 in lost and other wages in December 2007, and that he owns 23 two valuable pieces of real estate, although he claims they are over-encumbered. He expects to 24 earn wages again in June or July 2008. It therefore appears that Defendant is not a pauper. 25 Furthermore, it is unclear what benefit Defendant expected to receive from IFP status.

26 Although 28 U.S.C. § 1915 applies to "the commencement, prosecution or defense" of any civil 27 or criminal suit, the benefits of the IFP status are the waiver of the filing fee charged for 28 commencement of a case and service of process, payment of the expenses associated with
08cv597

Case 3:08-cv-00597-L-RBB

Document 12

Filed 05/29/2008

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1 transcripts for purposes of appeals, and appointment of counsel. See 28 U.S.C. § 1915. None of 2 these items apply to Defendant at this stage of proceedings. 3 For the foregoing reasons, Defendant Clarence Michael Balingit's IFP Motion is

4 DENIED. IF DEFENDANT CHOOSES TO FILE ADDITIONAL INFORMATION 5 REGARDING HIS POVERTY, HE MUST ATTACH A COPY OF THIS ORDER. 6 7 8 DATED: May 29, 2008 9 10 COPY TO: 11 HON. RUBEN B. BROOKS 12 UNITED STATES MAGISTRATE JUDGE 13 ALL PARTIES/COUNSEL 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO ORDERED.

M. James Lorenz United States District Court Judge