Smith v. Scribner et al

Filing 2

ORDER TO: (1) SUBMIT APPLICATION TOPROCEED IN FORMA PAUPERIS ANDCERTIFIED COPY OF TRUST ACCOUNT;OR (2) TO PAY $350 FILING FEE Filing due by 1/17/2007. signed by Judge Lawrence J. O'Neill on 12/15/06. (IFP application enclosed)(Kusamura, W)

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(WMW) Smith v. Scribner et al Doc. 2 Case 1:06-cv-01800-LJO-NEW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. vs. A.K. SCRIBNER, et al., Defendants. JAMES E. SMITH, Plaintiff, Document 2 Filed 12/18/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CASE NO. CV F 06-1800 AWI LJO ORDER TO: (1) SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS AND CERTIFIED COPY OF TRUST ACCOUNT; OR (2) TO PAY $350 FILING FEE / Plaintiff James E. Smith ("plaintiff") is a state prisoner and proceeds pro se in this action. Plaintiff filed his complaint and but failed to file an application to proceed in forma pauperis or to pay the $350 filing fee. As such, plaintiff must either: (1) file a fully completed Application To Proceed In Forma Pauperis By A Prisoner ("application") with required information regarding his current prisoner account, required signatures and a certified copy of his prisoner account statement; (2) pay the $350 filing fee; or (3) inform this Court that he no longer wishes to proceed with this action. See 28 U.S.C 1915(a)(2). Accordingly, this Court ORDERS: 1. This Court's clerk to send to plaintiff a form Application To Proceed In Forma Pauperis By A Prisoner; and Plaintiff, no later than January 17, 2007, either to: (1) submit a fully completed Application To Proceed In Forma Pauperis By A Prisoner with all required information, 1 Dockets.Justia.com Case 1:06-cv-01800-LJO-NEW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 66h44d Document 2 Filed 12/18/2006 Page 2 of 2 signatures and a certified copy of his prisoner account statement for the preceding sixmonth period; (2) pay the $350 filing fee for this action; or (3) inform the Court that plaintiff no longer wishes to proceed with this action. Failure to timely comply with this order will result in a recommendation to dismiss this action. This Court will take no action on plaintiff's claims or papers until he complies with this order. IT IS SO ORDERED. December 15, 2006 /s/ Lawrence J. O'Neill UNITED STATES MAGISTRATE JUDGE 2

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