Carr v. California Department of Corrections & Rehabilitation et al

Filing 6

ORDER DENYING 4 Motion to Proceed IFP; ORDERED to pay the four-hundred dollar ($400.00), filing fee within (45)Days, signed by District Judge Lawrence J. O'Neill on 02/21/2015. (45-DAY DEADLINE) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR CARR,

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Plaintiff,
vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION, et
al.,
Defendants.

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1:14-cv-02074-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS
(ECF No. 4)
FORTY-FIVE DAY DEADLINE

Plaintiff Arthur Carr (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on December 29, 2014. On
January 5, 2015, the Court ordered Plaintiff to pay the $400.00 filing in full or file an application
to proceed in forma pauperis.
On January 26, 2015, Plaintiff filed an Application to Proceed In Forma Pauperis, along
with a certified copy of his prison trust account statement. Although Plaintiff’s prisoner trust
account statement shows a current available balance of $0.00, his Application reveals that he is
able to afford the costs of this action. Specifically, Plaintiff identifies a cash balance of $900.00
and a settlement amount of $3,000.00 from July 2013. Plaintiff’s payment responsibilities are
limited to a monthly payment for a paralegal course and assistance to his daughter at Chowchilla
Women’s Prison.
Accordingly, the motion to proceed in forma pauperis is DENIED. See 28 U.S.C. §
1915. Plaintiff is ORDERED to pay the four-hundred dollar ($400.00) filing fee within forty-

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five (45) days of the date of service of this order. No requests for extension will be granted

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without a showing of good cause. Failure to comply with this order will result in dismissal

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of this action.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

February 21, 2015

UNITED STATES DISTRICT JUDGE

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