York v. Beard et al

Filing 8

ORDER DENYING 7 Motion to Proceed In Forma Pauperis and REQUIRING Plaintiff to Pay $400.00 Filing Fee Within Thirty Days, signed by District Judge Lawrence J. O'Neill on 8/25/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,
Plaintiff,

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v.

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ORDER DENYING MOTION TO PROCEED
IN FORMA PAUPERIS AND REQUIRING
PLAINTIFF TO PAY $400.00 FILING FEE
WITHIN THIRTY DAYS

JEFFREY BEARD, et al.,

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Case No. 1:14-cv-01234-LJO-SKO (PC)

Defendants.
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(Doc. 7)
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Plaintiff Reginald Ray York, a state prisoner proceeding pro se, filed this civil rights action

17 pursuant to 42 U.S.C. § 1983 on August 6, 2014. The Court ordered Plaintiff to file an application
18 to proceed in forma pauperis or pay the $400.00 filing fee on August 11, 2014. On August 22,
19 2014, Plaintiff filed an application to proceed in forma pauperis.
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Plaintiff’s current trust account balance is $3775.08 and his average balance for the past

21 six months was $4094.54. 28 U.S.C. § 1915(a)(1), (2). Based on those balances, Plaintiff is
22 ineligible to proceed in forma pauperis in this action. Id.
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Accordingly, Plaintiff’s motion for leave to proceed in forma pauperis is HEREBY

24 DENIED, and Plaintiff has thirty (30) days from the date of service of this order within which to
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1 pay the $400.00 filing fee. If Plaintiff fails to pay the filing fee in compliance with this order,
2 this action will be dismissed, without prejudice.
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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 25, 2014

UNITED STATES DISTRICT JUDGE
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