Gonzalez v. Shirey

Filing 3

ORDER Denying in Forma Pauperis Application 2 without Prejudice; ORDER to Submit Application to Proceed in Forma Pauperis or Pay Filing Fee within 45 Days, signed by Magistrate Judge Barbara A. McAuliffe on 11/17/14. (Attachments: # 1 IFP Form)(Verduzco, M)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 JASON ALBERT GONZALEZ, CASE NO. 1:14-cv-1768 LJO BAM Plaintiff, 8 ORDER DENYING IN FORMA PAUPERIS APPLICATION WITHOUT PREJUDICE (Doc. 2). v. 9 10 11 ORDER TO SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN 45 DAYS KEVIN SHIREY, Defendant. 12 / 13 14 Plaintiff, a prisoner proceeding pro se filed this case on November 12, 2014. On the same day, he 15 16 also filed a motion seeking leave to proceed in forma pauperis. However, the form he submitted lacks the 17 requisite authorization for the deduction of the filing fee from Plaintiff’s trust account as funds are 18 available. 28 U.S.C. § 1915. 19 Accordingly, IT IS HEREBY ORDERED that: 20 1. Plaintiff’s Motion to Proceed In Forma Pauperis is DENIED WITHOUT PREJUDICE; 21 2. Within forty-five (45) days from the date of service of this order, Plaintiff shall file the attached 22 23 24 application to proceed in forma pauperis, completed and signed, or in the alternative, pay the $400.00 filing fee for this action; 3. No extension of time will be granted without a showing of good cause; and 25 26 /// 27 /// 28 1 1 4. The failure to comply with this order will result in dismissal of this action, without prejudice. 2 3 IT IS SO ORDERED. 4 5 Dated: /s/ Barbara November 17, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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