The Bank of New York Mellon v. Kellerman et al

Filing 4

ORDER REQUIRING Payment of Filing Fee or Filing of Application to Proceed in Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 6/21/2012. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THE BANK OF NEW YORK MELLON, 12 13 14 15 Plaintiff, v. KELLERMAN, et al., Defendant. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:12-cv-00986 LJO JLT ORDER REQUIRING PAYMENT OF FILING FEE OR FILING OF APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. 1) 17 On June 19, 2012, Defendant Alan Kellerman filed a notice of removal of this case from the 18 Kern County Superior Court. However, Defendant has not filed a motion seeking leave to proceed in 19 forma pauperis or paid the $350.00 filing fee. In addition, Defendant has not attached to his notice of 20 removal, “a copy of all the process, pleadings, and orders served upon Defendant in the action,” as 21 required by 28 U.S.C. § 1446. 22 Accordingly, IT IS HEREBY ORDERED that 23 1. Within 30 days from the date of service of this order, Defendant must either 24 file a motion seeking leave to proceed in forma pauperis or pay the $350.00 25 filing fee for this action; and 26 2. Defendant is ORDERED to file with this Court, a copy of all the process, 27 pleadings, and orders served upon him while the action remained in Kern 28 County Superior Court; 1 3. 1 Defendant is advised that his failure to comply with this order will result in a recommendation that the matter be dismissed. 2 3 4 5 IT IS SO ORDERED. 6 7 8 Dated: June 21, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 9j7khijed 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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