Young v. Biter et al
Filing
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ORDER TO SUBMIT Correct Application to Proceed In Forma Pauperis or PAY Filing Fee within 45 Days signed by Magistrate Judge Barbara A. McAuliffe on 1/21/2015. (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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Plaintiff,
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1:14-cv-01942-BAM (PC)
HOWARD ALLEN YOUNG,
ORDER TO SUBMIT CORRECT
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE WITHIN 45
DAYS
v.
M. D. BITER, et al.,
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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 December 5, 2014. Plaintiff neither paid the $400.00 filing fee nor filed an
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application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Accordingly, on
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December 8, 2014, the Court directed Plaintiff to either pay the $400.00 filing fee in full or file
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the provided application to proceed in forma pauperis within forty-five (45) days from the date of
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service. (ECF No. 5.)
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On January 16, 2015, the Court granted Plaintiff’s request for a thirty-day extension of
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time to submit his application to proceed in forma pauperis. (ECF No. 10.) On the same date,
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Plaintiff filed a motion to proceed in forma pauperis, along with his trust account statement.
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(ECF No. 9.) The application was not on the appropriate form to authorize withdrawals from
Plaintiff’s trust account.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Within forty-five (45) days from the date of service of this order, Plaintiff shall file
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the attached application to proceed in forma pauperis, completed and signed, or in the alternative,
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pay the $400.00 filing fee for this action. Plaintiff does not need to submit another copy of his
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prisoner trust account statement;
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2.
No extension of time will be granted without a showing of good cause; and
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3.
The 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:
/s/ Barbara
January 21, 2015
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
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