Silva v. Gonzales et al

Filing 6

ORDER REQUIRING Plaintiff to FILE Application to Proceed In Forma Pauperis or PAY Filing Fee within Forty-Five Days signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2013. (Attachments: # 1 IFP Application)(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-02064-BAM (PC)

LOUIS ADOLFO SILVA,
Plaintiff,

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

v.
GONZALES, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42

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U.S.C. ' 1983 on November 27, 2013. The matter was transferred to this Court on December 19,

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2013. Plaintiff filed an application to proceed in forma pauperis, but the form application he

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submitted lacks the requisite authorization for the deduction of his filing fee from Plaintiff’s trust

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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 of the date of service of this order, Plaintiff shall file the

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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 requests for extension will be granted without a showing of good cause;
3. Within sixty (60) days of the date of service of this order, plaintiff shall submit a
certified copy of his/her prison trust statement for the six month period immediately
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preceding the filing of the complaint; and
4. Failure to comply with this order will result in dismissal of this action without

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prejudice.

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IT IS SO ORDERED.
Dated:

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/s/ Barbara

December 20, 2013

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

270bb

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