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N.D. Cal.Procedural orderFiled Jan. 16, 2024

Turner v. Massachusetts Bay Insurance Company

Judge
Charles Breyer
Docket
3:23-cv-04059
Court
U.S. District Court · Northern District of California
Pages
4
Civil ProcedurePro Se
In one sentence

In Turner v. Massachusetts Bay Insurance Company, Judge Ryu ordered Turner to explain why his fee-waiver application should not be denied.

Who this affects

Terrance Turner, whose application to proceed without paying court filing fees was subject to a written explanation requirement; the defendants were not the subject of a merits ruling in this order.

What happened

In Turner v. Massachusetts Bay Insurance Company, self-represented plaintiff Terrance Turner asked to proceed without paying court fees. The opinion says he filed 31 cases in the district between July and December 2023, including three cases before the same judge.

The court described Turner’s fee-waiver applications as confusing and inconsistent, including different statements about his employment, wages, income, and payments from legal clients. The court ordered him to explain in writing by January 30, 2024, why the applications should not be denied.

The court had not yet denied the application in this order; it warned that failing to respond in each of the three cases might result in denial. Chief Magistrate Judge Donna M. Ryu issued the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Turner v. Massachusetts Bay Insurance Company · No. 3:23-cv-04059
Judge
Charles Breyer
Date
Jan. 16, 2024

Background

Terrance Turner, who was representing himself, filed this case against Massachusetts Bay Insurance Company and other defendants. The opinion states that Turner filed 31 cases in the Northern District of California between July and December 2023. Three cases, including this one, were before Chief Magistrate Judge Donna M. Ryu.

Turner filed applications to proceed without paying court filing fees, a status commonly called proceeding without prepaying fees. He declared under penalty of perjury that the information in his applications was true and correct. The court compared applications filed in three cases and found differing statements about his last employer, wages, employment status, income, and payments from legal clients. The court also described inconsistencies in other applications Turner filed in the district.

Order

The court ordered Turner to show cause—in other words, to explain in writing—why his fee-waiver applications should not be denied. The written response was due by January 30, 2024, in each of the three cases before Judge Ryu. The court warned that failing to respond could result in denial of the applications.

The order did not itself deny Turner’s application, decide the claims against the defendants, or resolve the merits of the case. It was a procedural order requiring Turner to provide an explanation before the court decided whether he qualified to proceed without paying filing fees.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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