Lescallett v. Diaz et al

Filing 3

ORDER REQUIRING Plaintiff to Pay $400.00 Filing Fee in Full or File an Application to Proceed In Forma Pauperis Within Forty-Five (45) Days, signed by Magistrate Judge Barbara A. McAuliffe on 8/28/2013. (Attachments: # 1 IFP Application). (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARRELL JUNIOR LESCALLETT, 12 Plaintiff, 13 v. 14 R. DIAZ, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-01342-BAM (PC) ORDER REQUIRING PLAINTIFF TO PAY $400.00 FILING FEE IN FULL OR FILE AN APPLICATION TO PROCEED IN FORMA PAUPERIS WITHIN FORTY-FIVE DAYS Plaintiff, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 17 18 1983 on August 23, 2013. Plaintiff neither paid the $400.00 filing fee nor filed an application to 19 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Accordingly, it is HEREBY ORDERED 20 that: 21 Within forty-five (45) days from the date of service of this order, plaintiff shall either pay the 22 $400.00 filing fee in full or file the attached application to proceed in forma pauperis, completed and 23 signed. No requests for extension will be granted without a showing of good cause. Failure to 24 comply with this order will result in dismissal of this action. 25 IT IS SO ORDERED. 26 27 Dated: /s/ Barbara August 28, 2013 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 1

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