Hobgood v. Hearst Communications Inc.
| James Daniel Hobgood |
| Hearst Communications Inc. |
| 1:2019cv00642 |
| June 13, 2019 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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ENDORSED ORDER granting #4 Motion for Reconsideration. Re: Order on Application to Proceed Without Prepayment of Fees or Costs. Text of Order: Granted. The court initially understood the $3,866 adjusted gross income figure listed in the plaintiff's financial affidavit to be his monthly adjusted gross income. It now understands that figure to be his annual adjusted gross income. As a result, the court vacates its earlier order denying the plaintiff in forma pauperis status and finds he satisfies the requirements to obtain a fee waiver. Because the plaintiff actually paid the $400 filing fee on July 9, 2019, the clerk's office shall refund that amount to the plaintiff. So Ordered by Magistrate Judge Daniel J. Lynch.(de)
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| Filing 3 Summons issued by mail as to Hearst Communications Inc.. Counsel shall serve all documents in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (ej) |
| Filing Fee paid: $ 400 (Check), receipt number 14649018051 by James Daniel Hobgood re: Endo Order on Motion to Proceed Without Prepayment of Fees or Costs, #1 Complaint. (ej) |
| Filing 4 MOTION for Reconsideration to Proceed Without Fees or Costs filed by James Daniel Hobgood.(de) |
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VACATED 8/1/2019. ENDORSED ORDER denying: #2 Motion to Proceed Without Prepayment of Fees or Costs. Text of Order: The plaintiff's application to proceed without prepaying fees or costs reflects that his annual adjusted gross income is $46,392 and he has $2,000 in a checking/savings account. He lists his regularly monthly expenses as $750 to $1,000 and states that he does not provide support for any dependents. Based on his application, the plaintiff has not established that due to his poverty or indigency, he cannot pay the filing fee and still be able to provide himself and his dependents with the necessities of life. Adkins v. E.I. Dupont Nemours Co., 335 U.S. 331, 339 (1948); 28 U.S.C. 1915(a)(1). Thus, the plaintiff's request to waive the filing fee is denied. The plaintiff has 30 days from the date of this order to pay the $400 civil filing fee. The failure to pay the fee within this time frame may result in the case being referred to a district judge for further action, which may result in the dismissal of the case. So Ordered by Magistrate Judge Daniel J. Lynch. (ej) Modified on 8/1/2019 to add: Vacated (de).
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| Filing 2 MOTION to Proceed Without Prepayment of Fees or Costs filed by James Daniel Hobgood. (ej) |
| Filing 1 COMPLAINT against Hearst Communications Inc. with Jury Demand filed by James Daniel Hobgood. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Envelope) (ej) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ej) |
| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:19-cv-642-LM. Please show this number with the judge designation on all future pleadings. (ej) |
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| Defendant: Hearst Communications Inc. | |
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| Plaintiff: James Daniel Hobgood | |
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