Brooks v. Cate et al

Filing 5

ORDER REQUIRING Plaintiff to File Applicatin to Proceed In Forma Pauperis OR Pay Filing Fee Within Forty-Five Days, signed by Magistrate Judge Barbara A. McAuliffe on 8/19/2013. (Attachments: # 1 IFP Application)(Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN D. BROOKS,

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1:13-cv-01276 BAM (PC)

Plaintiff,

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

vs.
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M. CATE, et al.,
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Defendants.
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/

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Plaintiff, a prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. §

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1983 on August 14, 2013. Plaintiff also filed a motion for leave to proceed in forma pauperis, but

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the application he submitted lacks the requisite authorization for the deduction of the filing fee from

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Plaintiff’s trust account as funds are available. 28 U.S.C. § 1915.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within forty-five (45) days from the date of service of this order, Plaintiff shall file

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

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alternative, pay the $400.00 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,

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without prejudice.
IT IS SO ORDERED.
Dated:
10c20k

August 19, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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