Char v. Smith et al

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
MARK ALAN CHAR, #A0234438,
Plaintiff,
vs.
ANTHONY SMITH, ASHLEY
STIBBARD, ALAN LU, VICTOR
LAW,
Defendants.
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CIV. NO. 18 00202 HG RLP
ORDER DENYING APPLICATION
TO PROCEED IN FORMA
PAUPERIS BY A PRISONER AND
DISMISSING MOTION FOR
APPOINTMENT OF COUNSEL
Before the Court is Plaintiff Mark Alan Char’s
Application To Proceed In Forma Pauperis By A Prisoner
(“IFP application”) and Motion for Appointment of
Counsel. ECF Nos. 2, 4. Plaintiff’s IFP application
lacks (1) a signed prison certification of the amount
in his prison account; and (2) a copy of his prison
account statement showing deposits, withdrawals, and
balances for the six months preceding the date he filed
the Complaint. See 28 U.S.C. § 1915(a)(2).
Plaintiff also affirms that he owns “real estate,
stocks, bonds, securities, other financial instruments,
automobiles, or other property,” but asks the Court to
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contact his wife for information regarding the value of
these assets.
The Court declines to contact Plaintiff’s wife
regarding his personal assets and DENIES his IFP
Application as incomplete.
Plaintiff is ORDERED to submit a complete District
of Hawaii form IFP application that contains the
prison’s certification of the amount in his prison
account and a copy of his past six month account
statement, and sets forth Plaintiff’s best estimation
of his personal assets on or before July 24, 2018.
Failure to do so will result in automatic dismissal of
this action without prejudice for failure to prosecute
without further notice. See Fed. R. Civ. P. 41(b); see
also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir.
1995).
Plaintiff’s Motion for Appointment of Counsel is
DISMISSED and the Court will take no action on any
other documents Plaintiff submits until he has paid the
filing fee or been granted IFP status in this case.
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The Clerk is DIRECTED to send Plaintiff a new
Application To Proceed In Forma Pauperis By A Prisoner
so that he can comply with this Order. The Clerk shall
also send a copy of this Order to the Warden and
Financial Office of the Oahu Community Correctional
Center.
IT IS SO ORDERED.
DATED: June 19, 2018 at Honolulu, Hawaii.
Char v. Smith, et al., No. 1:18-00202 HG-RLP; ifp ‘18 Char 18-202
hg (dny incmp dsm apptcoun); ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS BY A PRISONER AND DISMISSING
MOTION FOR APPOINTMENT OF COUNSEL
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