2023-cv-01750

APPLICATION by Plaintiff Douglas Waters for leave to proceed in forma pauperis.

REQUEST by Plaintiff Douglas Waters to proceed in forma pauperis with declaration in support.

MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a putative civil rights case (see Dkt. [2]) that, broadly construed, appears to allege some form of employment discrimination. (Dkt. [1] and [12].) At the outset, the Court notes that it is not clear Plaintiff has established this Court's subject matter jurisdiction. Plaintiff's allegations are cursory and devoid of any detail that provide a basis to infer that Plaintiff has stated a viable claim under the Civil Rights Act or any other provision of law barring discrimination on the basis of a protected class or status. Because federal courts have limited jurisdiction, Plaintiff should seriously consider whether he can state such a claim before proceeding further with this case. In addition, a plaintiff may not prosecute a civil action without either paying the filing fee or receiving permission to proceed in forma pauperis ("IFP") (that is, without paying the filing fee; see 28 U.S.C. �1915). 28 U.S.C. � 1914. Plaintiff has also filed two applications [6] [11] to proceed IFP, but both are deficient. Plaintiff's second IFP application [11] uses the Central District of California's IFP form. The Court strikes the application [11] from the docket because Plaintiff must use this District's proper form. But there are also several problems with Plaintiff's earlier IFP application [6]. Although the application utilizes the proper form, the application is incomplete: the "Instructions" direct Plaintiff to "answer every question," yet Plaintiff fails to answer questions two and four. In addition to being incomplete, the application is ambiguous regarding Plaintiff's ability to pay: Plaintiff states that he "has $30 currently in his account," but says "government services only accept debit, a window of 15 days isn't sufficient," which suggests that Plaintiff merely has a timing issue between the fee deadline and receiving his paycheck. Because Plaintiff has not shown that he cannot make the payment or otherwise give security for the civil filing fee, see 28 U.S.C. � 1951(a), Plaintiff's application [6] is denied. The Court also notes that Plaintiff previously filed an identical lawsuit, which the Court dismissed without prejudice because Plaintiff failed to submit a complete IFP application or pay the necessary filing fee. (See No. 22-cv-03722, Dkt. 12 and 13.) Because the Court has previously warned Plaintiff in that prior case about the consequences of failing to pay the filing fee or receiving permission to proceed IFP, see 28 U.S.C. � 1914, Plaintiff will be given one final opportunity to submit a complete IFP application on or before 4/19/2023. If Plaintiff fails to submit a complete IFP application and pay the filing fee or otherwise give security for the filing fee by that deadline, the Court will summarily dismiss the case. Mailed notice

MOTION by Plaintiff Douglas Waters for leave to proceed in forma pauperis pursuant to 28 U.S.C. �1915

MOTION by Plaintiff Douglas Waters for leave to amend complaint (Exhibits).

MOTION by Plaintiff Douglas Waters for leave to amend complaint. (Exhibits).

APPLICATION by Plaintiff Douglas Waters for leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915 (Exhibits).

APPLICATION by Plaintiff Douglas Waters for leave to proceed in forma pauperis to 28 U.S.C. 1915 (Exhibits).

MINUTE entry before the Honorable John F. Kness: Plaintiff has complied with the Court's order [14] and paid the full filing fee on 4/19/2023. Plaintiff's motions [15] [19] [20] for leave to proceed in forma pauperis (IFP) are thus dismissed as moot. In addition, Plaintiff has filed two motions [17] [18] for leave to file an amended complaint. Both motions attach an identical proposed amended complaint that contains very minor changes but does not alter the substance of the allegations. Because the changes are mostly cosmetic and granting Plaintiff's motion would not prejudice Defendant's preparation of a responsive pleading, the Court grants Plaintiff's motion [18]. Defendant's responsive pleading is due 5/12/2023. No further amendments will be allowed absent a showing of good cause. Plaintiff's first motion [17] for leave to amend is dismissed as moot. Plaintiff is advised to refrain from filing future duplicative motions as he did with his motions to proceed IFP and for leave to amend. Once a party files a motion, no further action is required unless and until the Court orders otherwise; a ruling on the motion will issue in due course. Mailed notice

COMPLAINT filed by Douglas Waters; Jury Demand (Exhibits).

ENTERED JUDGMENT signed by the Honorable John F. Kness on 11/13/2023. Mailed notice

MOTION by Plaintiff Douglas Waters to dissmiss. (Received via Box.com on 03/13/25)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion [33] is denied. Mailed notice.