Goolsby v. Cate et al

Filing 10

ORDER Denying 2 Motion to Proceed In Forma Pauperis; ORDER for Plaintiff to Pay $350.00 Filing Fee in Full Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 5/3/13. Thirty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-00119-GSA-PC

THOMAS GOOLSBY,
Plaintiff,

ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
(Doc. 2.)

vs.
MATTHEW CATE, et al.,

ORDER FOR PLAINTIFF TO PAY $350.00
FILING FEE IN FULL WITHIN THIRTY
DAYS

Defendants.

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Thomas Goolsby is a state prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. §1983. Plaintiff filed the Complaint commencing this action on January

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25, 2013. (Doc. 1.) On February 11, 2013, Plaintiff consented to Magistrate Judge jurisdiction

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in this action pursuant to 28 U.S.C. §636(c), and no other parties have made an appearance.

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(Doc. 4.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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On January 25, 2013, Plaintiff filed a motion to proceed in forma pauperis pursuant to

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28 U.S.C. ' 1915. (Doc. 2.) It appears, from a review of Plaintiff’s application and the

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certified copy of his prison trust account statement, that Plaintiff can afford the costs of this

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action. Plaintiff’s evidence shows that the average monthly deposit in Plaintiff’s account for

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the six-month period immediately preceding the filing of the complaint was $220.83, and the
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average monthly balance for the same six-month period was $628.41. Id. at 5. Therefore,

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Plaintiff’s motion to proceed in forma pauperis shall be denied, and Plaintiff shall be required

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to pay the statutory filing fee of $350.00 for this action in full.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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DENIED;

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2.

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Within thirty days from the date of service of this order, Plaintiff is required to

pay the $350.00 filing fee for this action in full; and

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Plaintiff's motion to proceed in forma pauperis, filed on January 25, 2013, is

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Plaintiff’s failure to comply with this order shall result in the dismissal of this

action.

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IT IS SO ORDERED.
Dated:

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May 3, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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