Committe v. Reeves et al
| Bruce Committe |
| Board of Trustees of Oregon State University, Kara Backus, Oregon State University, Francis T. Barnwell, Cathy Hasenpflug, Lan M. Lee, Maryann Yelansky, Liani J. Reeves, Mitzi Montoyoa, Susan Capalbo, Jacob Rose, Benjamin P.O. Glasser, C. Aikin Bllitz, David J. Riewald, Kathryn M. Hindman, Dennis E. Westlind, Jessica D. Osborne, James Coakley, Bullard Law, J. Kent Pearson, Naomi D. Johnson, John Does 1-4, Richard T. Alli, Jr. and Homas I. Kramer |
| 3:2020cv01686 |
| September 28, 2020 |
| US District Court for the District of Oregon |
| Jolie A Russo |
| Civil Rights: Employment |
| 29 U.S.C. ยง 621 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 6
ORDER: Plaintiff's amended Application to Proceed In Forma Pauperis #5 is Granted. Plaintiff's Complaint #1 is Dismissed without prejudice and the Clerk of the Court shall not issue process until further order of this Court. Plaintiff is allowed 21 days from the date of this order to cure the deficiencies outlined herein. Failure to timely file an amended complaint as ordered will result in the dismissal of this action with prejudice. Signed on 11/19/20 by Magistrate Judge Jolie A. Russo. (Mailed to Pro Se party on 11/19/20.) (gm)
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| Filing 5 Application for Leave to Proceed IFP. Filed by Bruce Committe. (rs) |
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Filing 4
ORDER issued by Magistrate Judge Jolie A. Russo: Plaintiff's Application for Leave to Proceed In Forma Pauperis #2 is Denied with leave to renew. The Court notes that plaintiff represents an average monthly income of approximately $3,400 (with average monthly costs totaling less than that amount) and savings of $1,299. In addition, plaintiff has disclosed monthly income from his spouse in past IFP applications but does not do so in the current application because he has utilized a dated form, such that it is unclear what, if any, additional funds may be available to plaintiff for the purposes of this litigation. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (where shared, a spouses income should be considered as part of the IFP analysis); see also Alvarez v. Berryhill, 2018 WL 6265021, *1 (S.D. Cal. Oct. 1, 2018) (courts "tend to reject IFP applications where the applicant can pay the filing fee with acceptable sacrifice to other expenses") (collecting cases). Therefore, plaintiff is ordered to file an amended IFP application or pay the $400 filing fee within 21 days of the date of this Order or his lawsuit will be dismissed for failure to prosecute. Plaintiff is further instructed to use the most recent IFP application form available on the District Court's website, under the "Forms for Self-Represented Parties" tab, and to complete it in its entirety. (Mailed to Pro Se party on 10/2/20.) (gm)
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| Filing 3 Notice of Case Assignment: This case is assigned to Magistrate Judge Jolie A. Russo. (Mailed to Pro Se party on 09/30/20.) (rs) |
| Filing 2 Application for Leave to Proceed IFP. Filed by Bruce Committe. (rs) |
| Filing 1 Complaint. Jury Trial Requested: No. Filed by Bruce Committe against All Defendants (Attachments: #1 Civil Cover Sheet). (rs) |
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