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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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CARLOS GILBERT LAW,

1:11-cv-01339-LJO SKO

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Plaintiff,

ORDER REQUIRING PLAINTIFF TO FILE
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE WITHIN
THIRTY DAYS

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v.
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GREGORY STEVEN MILLER, et al.,
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Defendants.
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/

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ORDER DIRECTING CLERK TO SEND
PRISONER IFP APPLICATION TO
DEFENDANT
(Doc. 2)

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Plaintiff, a prisoner proceeding pro se, filed this civil action on August 12, 2011. Plaintiff filed

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a motion seeking leave to proceed in forma pauperis, but the form application he submitted lacks the

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requisite authorization for the deduction of the filing fee from Plaintiff’s trust account as funds are

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available. 28 U.S.C. § 1915. (Doc. 2). In a letter received on August 25, 2011, Plaintiff informed the

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Court that his complaint was not alleging a civil rights claim pursuant 42 U.S.C. § 1983 (Doc. 4).

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Plaintiff, however, failed to comply with the Court’s order to submit a fully complete form application

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to proceed in forma pauperis that includes the authorization for the deduction of the filing fee from

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Plaintiff’s trust account. Plaintiff is informed that he is required to complete this form for all civil

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actions, not just Section 1983 claims. Plaintiff’s case cannot proceed unless this form is filed.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within thirty (30) days from the date of service of this order, Plaintiff shall file the

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attached application to proceed in forma pauperis, completed and signed, or in the

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alternative, pay the $350.00 filing fee for this action;

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2.

No extension of time will be granted without a showing of good cause; and

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3.

The failure to comply with this order will result in dismissal of this action, without

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prejudice.

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IT IS SO ORDERED.

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Dated:
ie14hj

August 29, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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