RE: ORDER RE: PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS

TO: Phyllis J. Hamilton- Chief District Judge
Claudia Wilken- District Judge
Yvonne Gonzalez Rodgers- Judge
U. S. District Court- No. Division
4th Floor Oakland Courthouse
1301 Clay Street
Oakland, CA 94612
FAX No.: 510-637-3545, 415-522-3605
Phyllis_Hamilton@cand.uscourts.gov
Claudia_Wilken@cand.uscourts.gov
Yvonne_Rodgers@cand.uscourts.gov

cc: Susan Y. Soong ; bcc
Faxed and Emailed
FROM: Abdul-Jalil al-Hakim
DATE: March 13, 2019 
NO PAGES: 3
RE: ORDER RE: PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS, Abdul-Jalil al-Hakim v. Green Key Investments L.L.C., Case: #C19-0303 JSC,

Dear Chief Justice Phyllis Hamilton, Judge Claudia Wilken, and Judge Yvonne Gonzalez Rodgers:

On March 11, 2019, I received a second order from Judge Yvonne Gonzalez Rodgers 

regrading the filing of another “revised application” as follows:

The Court is in receipt of plaintiffs four-page letter dated February 27, 2019. (Dkt. No 14.) Therein, plaintiff appears to complain that the Court is requesting confirmation of his status with respect to his application to proceed in forma pauperis. While the Court is quite aware of the financial circumstances of many in this District, that does not mean that the Court can ignore its duty to ensure that those asking for financial relief provide an explanation, under penalty of perjury, regarding their financial situation. Judge Corley appropriately described the gaps with respect to the information provided, which this Court reiterated in its subsequent order. (See Dkt. No.6, 13.) It is not clear why plaintiff refuses to respond substantively. Plaintiff may submit the information confidentially if that is the concern.” 

It goes on to state:

All parties are required to comply with Court orders and rules. Accordingly, the Court will EXTEND, one last time, plaintiff’s deadline to Tuesday, April 2, 2019 to submit a revised application, or enough supplemental information to explain the information gaps set forth in Judge Corley’s and this Court’s orders.’ If plaintiff does not use the Court’s application itself but provides further information in a different form, he is reminded to include the following: “I declare under the penalty of perjury that the foregoing is true and correct and understand that a false statement herein may result in the dismissal of my claims.”
Failure to provide the Court with the information requested will result in the denial of plaintiff s application. 

IT Is So ORDERED.

Dated: March 7, 2019 

YVONNE GONZALEZ ROGERS

UNITED STATES DISTRICT COURT JUDGE 

It provides as a footnote the “relevant” paragraph from Judge Corley’s order:

Although Plaintiff has listed himself as self-employed, he appears to have listed his income as 00. Further, although he does not list any other income nor any savings nor debt, he identifies his monthly expenditures as $300.00 for utilities. Plaintiff does not indicate any monthly expenses for rent, food, or clothing. Thus, there appear to be several information gaps on Plaintiffs in forma pauperis application. Accordingly, Plaintiff shall submit a revised application by February 7, 2019. If Plaintiff fails to submit a revised application by this date, his application to proceed in forma pauperis may be denied. 

(Order re: IFP Application at ECF p. 1 (emphasis supplied).) To date, plaintiff has failed to comply with Judge Corley’s order, and the “information gaps” in his in forma pauperis application remain.

Accordingly, the Court EXTENDS plaintiffs deadline to submit a revised application to Tuesday, March 5, 2019. Failure to submit a revised application by this date may result in the denial of his application.

IT Is So ORDERED. 

Dated: February 19, 2019 

YVONNE GONZALEZ ROGERS

UNITED STATES DISTRICT COURT JUDGE  

The original form was submitted under the penalty of perjury, if that was/is the concern, and to be absolutely clear, so is this second letter addressing the same issues raised in the first order, the “flagging” of certain alleged deficiencies as “information gaps” in plaintiffs pending application to proceed in forma pauperis is without any merit and the responses remain the same.

I reiterate in use of your language “Plaintiff listed his income as 00, does not list any other income nor any savings nor debt, he identifies his monthly expenditures as $300.00 for utilities, and does not indicate any monthly expenses for rent, food, or clothing” because that is true and correct and will not change simply because you do not like the answer fishing for another.

These statements ARE sworn under the penalty of perjury, and are NOT impeached because you threaten to dismiss the matter in search of some fraudulent or perjurious information that you could be considered “forcing” upon plaintiff under that “one last time” threat and the accompanying duress.

There is NO need nor requirement, beside the one fabricated here to induce a “revised application, or enough supplemental information” solely for that purpose.

The only legal question is “does plaintiff meet that criterion that is ruled by the financial requirements for IFP status of 28 U.S.C. § 1915?

The esoteric blather about the Legal Help Center, which I have contacted and they can not and do not assist in these matters, is just that.

Again, how does this means of obtaining a filing fee waiver REALLY impact ones ability to represent themselves which is suppose to be the purpose of the form?

It is very disconcerting that the court has taken the approach to this case that it has at present and clearly was embarked upon an agenda that reeks of implicit bias and prejudice, at the very least, already!

As previously mentioned, I will address the previous assignment of this matter by the alleged Executive Committee to Judge Tigar in a following letter as it is unfathomable, heinous, reprehensible, disgraceful, inexcusable, unconscionable, outrageous, nefarious example of “MALFEASANCE”

Who comprises this alleged Executive Committee?

You are ALL being served and I will file this letter with the courts.

Call if you have any questions, and “Thank you” for your consideration.

Respectfully,

I declare under the penalty of perjury that the foregoing is true and correct and understand that a false  statement herein may result in the dismissal of my claims.

Abdul-Jalil al-Hakim

510-394-4501

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