Barbour v. Allenby et al

Filing 11

ORDER (1) GRANTING Application to Proceed In Forma Pauperis (Docs. 2 & 3 ); (2) VACATING 9 Order Requiring Plaintiff to Submit Application to Proceed In Forma Pauperis or Pay Filing Fee, signed by Magistrate Judge Michael J. Seng on 12/15/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BARBOUR,

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Plaintiff,
v.
CLIFF ALLENBY, et al.,
Defendants.

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CASE NO. 1:14-cv-1696-MJS (PC)
ORDER (1) GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
(ECF Nos. 2 & 3); (2) VACATING ORDER
REQUIRING PLAINTIFF TO SUBMIT
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE (ECF
No. 9)

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Plaintiff is a civil detainee proceeding pro se in this civil rights action brought

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pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action in the Northern District of

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California on October 20, 2014. (ECF No. 1.) The action was transferred to this District

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on October 30, 2014. (ECF No. 7.)

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On November 5, 2014, Plaintiff was ordered to submit a proper application to

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proceed in forma pauperis or pay the $400 filing fee in full within thirty days. (ECF No. 9.)

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However, it appears that, prior to transfer of the action to this District, Plaintiff filed an

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application to proceed in forma pauperis on the appropriate form (ECF No. 2), and also

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filed a separate motion to proceed in forma pauperis (ECF No. 3). These requests have

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not been ruled on.

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Examination of these documents reveals that plaintiff is unable to afford the costs

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of this action. Accordingly, the applications to proceed in forma pauperis (ECF Nos. 2

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and 3) are GRANTED. The Court’s November 5, 2014 order requiring Plaintiff to submit

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an additional application to proceed in forma pauperis or pay the applicable filing fee is

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VACATED.

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IT IS SO ORDERED.
Dated:

December 15, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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