Sophia Lopez v. Johnson et al

Filing 8

ORDER Requiring Payment of Filing Fees; denying 6 Motion to Proceed IFP signed by Magistrate Judge Jennifer L. Thurston on 1/28/2010. (Case Management Deadline: 3/3/2010)(Kusamura, W)

1 2 3 4 5 6 7 8 9 10 11 12 13 v. 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 MARTHA JOHNSON, and RENEE RICHARDSON, SOPHIA LOPEZ, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-02174 LJO JLT ORDER REQUIRING PAYMENT OF FILING FEES IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

On December 15, 2009, Plaintiff filed a motion to proceed in forma pauperis. [Doc 3] The motion was not signed under penalty of perjury. On December 31, 2009, the Court ordered Plaintiff to submit a complete motion to proceed in forma pauperis and warned Plaintiff that her failure to comply with the order may result in a recommendation to dismiss the action.. [Doc 5] On January 7, 2010, Plaintiff again filed a motion to proceed in forma pauperis. [Doc 6] Although this motion contained some additional information, once again, it was not signed under penalty of perjury. Finally, on January 11, 2010, the Court ordered Plaintiff to file an amended affidavit to support her request to proceed in forma pauperis. [Doc #7] In its order, the Court admonished Plaintiff that her failure to comply could result in denial of her motion to proceed in forma pauperis. Id. Plaintiff has not responded. Given the incomplete, unsigned motion, the Court must deny Plaintiff's request to proceed in 1

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forma pauperis without prejudice. Therefore, Plaintiff must pay the filing fee. In the alternative, Plaintiff may file a new application to proceed in forma pauperis that is signed and contains the information required by the Court's order dated January 11, 2010. Accordingly, the court ORDERS that: 1. 2. Plaintiff application to proceed in forma pauperis is DENIED without prejudice; Petitioner is ORDERED to pay the filing fee or submit a complete, signed application to proceed in forma pauperis within thirty days of this order's date or service; 3. 4. Failure to follow this order will result a recommendation that the action be dismissed. IT IS SO ORDERED. /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

Dated: January 28, 2010 9j7khi

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