Law v. Miller
ORDER Requiring Plaintiff To File Application To Proceed In Forma Pauperis Or Pay Filing Fee Within Thirty Days, ORDER Directing Clerk To Send Prisoner IFP Application To Defendant (Doc. 2 ), signed by Magistrate Judge Sheila K. Oberto on 8/29/2011. (Motion for IFP due by 10/3/2011) (Attachments: # 1 IFP Application)(Fahrney, E)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CARLOS GILBERT LAW,
ORDER REQUIRING PLAINTIFF TO FILE
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE WITHIN
GREGORY STEVEN MILLER, et al.,
ORDER DIRECTING CLERK TO SEND
PRISONER IFP APPLICATION TO
Plaintiff, a prisoner proceeding pro se, filed this civil action on August 12, 2011. Plaintiff filed
a motion seeking leave to proceed in forma pauperis, but the form application he submitted lacks the
requisite authorization for the deduction of the filing fee from Plaintiff’s trust account as funds are
available. 28 U.S.C. § 1915. (Doc. 2). In a letter received on August 25, 2011, Plaintiff informed the
Court that his complaint was not alleging a civil rights claim pursuant 42 U.S.C. § 1983 (Doc. 4).
Plaintiff, however, failed to comply with the Court’s order to submit a fully complete form application
to proceed in forma pauperis that includes the authorization for the deduction of the filing fee from
Plaintiff’s trust account. Plaintiff is informed that he is required to complete this form for all civil
actions, not just Section 1983 claims. Plaintiff’s case cannot proceed unless this form is filed.
Accordingly, IT IS HEREBY ORDERED that:
Within thirty (30) days from the date of service of this order, Plaintiff shall file the
attached application to proceed in forma pauperis, completed and signed, or in the
alternative, pay the $350.00 filing fee for this action;
No extension of time will be granted without a showing of good cause; and
The failure to comply with this order will result in dismissal of this action, without
IT IS SO ORDERED.
August 29, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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