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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT PAUL, Plaintiff, 12 13 14 15 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. / 16 ORDER 17 18 Plaintiff is a state prisoner proceeding pro se in this civil rights action 19 pursuant to 42 U.S.C. § 1983. Plaintiff has not paid the $350.00 filing fee. 20 Plaintiff filed an application to proceed in forma pauperis pursuant to 28 U.S.C. 21 § 1915. (ECF No. 2.) However, this application fails to state that Plaintiff 22 “authorizes the agency having custody of [him] to collect from [his] trust account 23 and forward to the Clerk of the United States District Court payments in 24 accordance with 28 U.S.C. § 1915(b)(2)” or some such language. Plaintiff must 25 resubmit his application to proceed in forma pauperis and it must include the 26 above cited language or some similar language allowing collection from 27 Plaintiff’s trust account. 28 Accordingly, IT IS HEREBY ORDERED that: -1- Within forty-five (45) days of the date of service of this order, Plaintiff 1 2 shall submit the attached application to proceed in forma pauperis, completed 3 and signed, or in the alternative, pay the $350.00 filing fee for this action. No 4 requests for extension will be granted without a showing of good cause. 5 Within sixty (60) days of the date of service of this order, plaintiff shall submit a 6 certified copy of his/her prison trust statement for the six month period 7 immediately preceding the filing of the complaint. Failure to comply with this order will result in dismissal of this 8 9 10 action. IT IS SO ORDERED. 11 12 Dated: 1j0bbc May 20, 2011 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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