Law v. Miller

Filing 8

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)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 CARLOS GILBERT LAW, 1:11-cv-01339-LJO SKO 8 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN THIRTY DAYS 9 v. 10 GREGORY STEVEN MILLER, et al., 11 Defendants. 12 / 13 ORDER DIRECTING CLERK TO SEND PRISONER IFP APPLICATION TO DEFENDANT (Doc. 2) 14 15 16 Plaintiff, a prisoner proceeding pro se, filed this civil action on August 12, 2011. Plaintiff filed 17 a motion seeking leave to proceed in forma pauperis, but the form application he submitted lacks the 18 requisite authorization for the deduction of the filing fee from Plaintiff’s trust account as funds are 19 available. 28 U.S.C. § 1915. (Doc. 2). In a letter received on August 25, 2011, Plaintiff informed the 20 Court that his complaint was not alleging a civil rights claim pursuant 42 U.S.C. § 1983 (Doc. 4). 21 Plaintiff, however, failed to comply with the Court’s order to submit a fully complete form application 22 to proceed in forma pauperis that includes the authorization for the deduction of the filing fee from 23 Plaintiff’s trust account. Plaintiff is informed that he is required to complete this form for all civil 24 actions, not just Section 1983 claims. Plaintiff’s case cannot proceed unless this form is filed. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Within thirty (30) days from the date of service of this order, Plaintiff shall file the 27 attached application to proceed in forma pauperis, completed and signed, or in the 28 alternative, pay the $350.00 filing fee for this action; 1 2. No extension of time will be granted without a showing of good cause; and 2 3. The failure to comply with this order will result in dismissal of this action, without 3 prejudice. 4 5 IT IS SO ORDERED. 6 Dated: ie14hj August 29, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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