Herrera v. Nguyen

Filing 4

ORDER to Submit New Application to Proceed in Forma Pauperis or Pay Filing Fee within 45 Days signed by Magistrate Judge Gary S. Austin on 11/30/2012. Motion for IFP due by 1/14/2013. (Attachments: # 1 IFP Application)(Flores, 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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ROBERTO HERRERA,

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Plaintiff,

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1:12-cv-1915 GSA (PC)
ORDER TO SUBMIT NEW APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY FILING FEE WITHIN 45 DAYS

vs.
H. NGUYEN,

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Defendants.
/

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. §

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1983. On November 26, 2012, plaintiff filed the Complaint commencing this action, together with

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an application to proceed in forma pauperis and a certified copy of his trust account statement,

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pursuant to 28 U.S.C. § 1915. However, plaintiff’s application to proceed in forma pauperis was not

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submitted on the form preferred by this court. Plaintiff shall be allowed time to submit the

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application on the appropriate form.

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Accordingly, IT IS HEREBY ORDERED that:

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Within forty-five (45) days of the date of service of this order, plaintiff shall submit the

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

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the $350.00 filing fee for this action. Plaintiff is not required to submit another copy of his trust

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account statement.

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Failure to comply with this order may result in dismissal of this action.

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IT IS SO ORDERED.

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Dated:
220hhe

November 30, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE