Paul v. Allison et al

Filing 6

ORDER to Resubmit Application to Proceed In Forma Pauperis or Pay Filing Fee within 45 days, signed by Magistrate Judge Gerald B. Cohn on 05/20/2011. (45-day deadline) (Attachments: # 1 IFP Application)(Martin, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT PAUL,
Plaintiff,

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1:11-cv-00769-GBC (PC)
ORDER TO RESUBMIT APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY FILING FEE WITHIN 45 DAYS

v.
KATHLEEN ALLISON, et al.,
Defendants.
/

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ORDER

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Plaintiff is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff has not paid the $350.00 filing fee.

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Plaintiff filed an application to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915. (ECF No. 2.) However, this application fails to state that Plaintiff

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“authorizes the agency having custody of [him] to collect from [his] trust account

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and forward to the Clerk of the United States District Court payments in

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accordance with 28 U.S.C. § 1915(b)(2)” or some such language. Plaintiff must

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resubmit his application to proceed in forma pauperis and it must include the

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above cited language or some similar language allowing collection from

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Plaintiff’s trust account.

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Accordingly, IT IS HEREBY ORDERED that:
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Within forty-five (45) days of the date of service of this order, Plaintiff

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shall submit the attached application to proceed in forma pauperis, completed

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and signed, or in the alternative, pay the $350.00 filing fee for this action. No

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requests for extension will be granted without a showing of good cause.

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Within sixty (60) days of the date of service of this order, plaintiff shall submit a

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certified copy of his/her prison trust statement for the six month period

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immediately preceding the filing of the complaint.
Failure to comply with this order will result in dismissal of this

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action.
IT IS SO ORDERED.

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Dated:
1j0bbc

May 20, 2011
UNITED STATES MAGISTRATE JUDGE

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