Manuel v. Powers et al

Filing 30

ORDER signed by District Judge Neil V. Wake on 10/22/2009. Within 30 days from the filing date of this Order, Plaintiff must either pay the$350.00 balance of the filing fee or show good cause why he is unable to do so. If Plaintiff fails, wi thin 30 days from the filing date of this Order, either to pay the $350.00 balance of the filing fee or to show good cause why he is unable to pay thebalance of the filing fee, the Clerk of Court must enter a judgment of dismissal of this action without prejudice or further notice. The Clerk of Court must mail Plaintiff a court-approved form for filing anApplication to Proceed In Forma Pauperis (Non-Habeas) as a guideline in the event thatPlaintiff seeks to show good cause why he is unable to pay the filing fee.( Filing Deadline: 11/25/2009.)(Sondheim, M)

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 ) ) ) Plaintiff, ) ) vs. ) ) K. Mandoza Powers; P. Baltierrez,) Medical Officer; Dr. Suryadevara, Chief) ) Medical Officer, ) ) Defendants. ) ) Lonnie Lee Manuel, No. 07-0968-NVW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

On July 6, 2007, Plaintiff Lonnie Lee Manuel, who was then a prisoner in the California Department of Corrections filed a pro se Complaint pursuant to 42 U.S.C. § 1983 (Doc. #1). On the same day, Plaintiff filed a an Application to Proceed In Forma Pauperis by a Prisoner (Doc. #2). The Court granted Plaintiff in forma pauperis status on July 11, 2007. (Doc. #4.) On August 28, 2009, Plaintiff filed a Notice of Change of Address, indicating that he was released from prison and is now residing in Los Angeles, California. (Doc. #25). He will be ordered to pay the filing fee or to show cause why he is unable to do so. I. Payment of Filing Fee When bringing an action, a prisoner must either pay the filing fee in a lump sum or, if granted the privilege of proceeding in forma pauperis, pay the fee incrementally as set

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

forth in 28 U.S.C. § 1915(b)(1). Because Plaintiff was a prisoner when he filed this action, he must pay the $350.00 filing fee. On August 28, 2009, Plaintiff filed a notice of change of address reflecting that he has been released from prison. None of the filing fee has been paid. Because Plaintiff has been released and he has not paid the filing fee, he must notify the Court within 30 days from the filing date of this Order whether he intends to pay the filing fee in full or show good cause in writing why he cannot pay the fee. Plaintiff may show cause by submitting an affidavit, signed under penalty of perjury, demonstrating why he is presently unable to pay the filing fee. See 28 U.S.C. § 1746 (the oath requirement may be satisfied when a person declares under penalty of perjury that the submission is true and correct, and signs and dates the statement). An application to proceed in forma pauperis is attached, which may assist Plaintiff in the preparation of such an affidavit. Failure to comply with this Order will result in the dismissal of this action. II. Warnings A. Address Changes

Plaintiff must file and serve a notice of a change of address in accordance with Rule 83-182(f) and 83-183(b) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action. B. Copies

Plaintiff must submit an additional copy of every filing for use by the Court. See LRCiv 5-133(d)(2). Failure to comply may result in the filing being stricken without further notice to Plaintiff. C. Possible Dismissal

If Plaintiff fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the court). -2-

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

IT IS ORDERED: (1) Within 30 days from the filing date of this Order, Plaintiff must either pay the

$350.00 balance of the filing fee or show good cause why he is unable to do so. (2) If Plaintiff fails, within 30 days from the filing date of this Order, either to pay

the $350.00 balance of the filing fee or to show good cause why he is unable to pay the balance of the filing fee, the Clerk of Court must enter a judgment of dismissal of this action without prejudice or further notice. (3) The Clerk of Court must mail Plaintiff a court-approved form for filing an

Application to Proceed In Forma Pauperis (Non-Habeas) as a guideline in the event that Plaintiff seeks to show good cause why he is unable to pay the filing fee. Dated: October 22, 2009.

-3-