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)

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