Riels v. Allison, et al.

Filing 14

ORDER signed by Magistrate Judge Dennis L. Beck on 1/8/2013 requiring Plaintiff to file IFP Application or pay filing fee. (Motion for IFP due by 2/11/2013). (Attachments: # 1 IFP Application)(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEE WENDELL RIELS,

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Plaintiff,
v.
KATHLEEN ALLISON, et al.,

Case No. 1:12-cv-01314-LJO-DLB PC
ORDER REQUIRING PLAINTIFF TO
FILE APPLICATION TO PROCEED IN
FORMA PAUPERIS OR PAY FILING FEE
RESPONSE DUE WITHIN THIRTY DAYS

Defendants.

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Plaintiff Lee Wendell Riels (“Plaintiff’) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se in this civil action

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pursuant to 42 U.S.C. § 1983. On October 17, 2012, the Court ordered Plaintiff to show cause why

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this action should not be dismissed for Plaintiff’s failure to either file an in forma pauperis

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application or pay the filing fee. ECF No.11. On November 8, 2012, Plaintiff filed a response,

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indicating that he had submitted his application to proceed in forma pauperis. However, Plaintiff is

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incorrect. The Court has received Plaintiff’s prisoner trust account statement, but has yet to receive

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an application to proceed in forma pauperis. Accordingly, it is HEREBY ORDERED that:

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1. Plaintiff is granted thirty (30) days from the date of service of this order by which to

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either file a) a completed application to proceed in forma pauperis or b) payment of the

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$350.00 filing fee in full;

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2. No further extensions of time will be granted regarding this issue;

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3. The Clerk of the Court is directed to send Plaintiff an application to proceed in forma
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pauperis; and

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4. Failure to timely respond will result in dismissal of this action, without prejudice.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

January 8, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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