Williams v. Andrade et al

Filing 5

ORDER Denying 2 Motion to Proceed IFP; ORDER for Plaintiff to Pay $400.00 Filing Fee in Full within Thirty Days signed by District Judge Anthony W. Ishii on 01/08/2015. (Case Management Deadline: 2/11/2015) (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERRY WILLIAMS,

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Plaintiff,

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1:14-cv-02073-AWI-GSA-PC
ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Doc. 2.)

vs.
J. ANDRADE, et al.,

ORDER FOR PLAINTIFF TO PAY $400.00
FILING FEE IN FULL WITHIN THIRTY
DAYS

Defendants.

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Gerry Williams (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. §1983. Plaintiff filed the Complaint commencing this action on

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December 29, 2014, together with an application to proceed in forma pauperis. (Docs. 1, 2.)

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It appears, from a review of Plaintiff’s application and the certified copy of his prison

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trust account statement, that Plaintiff can afford the costs of this action. Plaintiff’s evidence

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shows that his prison account contains $3,878.69, that the average monthly deposit in his

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account for the six-month period immediately preceding the filing of the Complaint was

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$666.67, and that the average monthly balance for the same six-month period was $665.78.

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(Doc. 2 at 2.) Therefore, Plaintiff’s application to proceed in forma pauperis shall be denied,

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and Plaintiff shall be required to pay the statutory filing fee of $400.00 for this action in full.
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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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DENIED;
2.

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Plaintiff's motion to proceed in forma pauperis, filed on December 29, 2014, is

Within thirty days from the date of service of this order, Plaintiff is required to
pay the $400.00 filing fee for this action in full; and

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Plaintiff’s failure to comply with this order shall result in the dismissal of this
action.

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IT IS SO ORDERED.
Dated: January 8, 2015
SENIOR DISTRICT JUDGE

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