Williams v. Biter

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 1/8/15. (Marrujo, C)

1
2
3
4
5
6
7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GERRY WILLIAMS,

12

Plaintiff,

13
14

1:14-cv-02076-AWI-GSA-PC
ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Doc. 2.)

vs.
MARTIN T. BITER,

15

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

Defendant.

16
17
18
19

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

20

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

21

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

22

It appears, from a review of Plaintiff’s application that Plaintiff can afford the costs of

23

this action. Plaintiff’s evidence shows that he has cash in the amount of $3,000. (Doc. 2 at 2

24

¶4.) Therefore, Plaintiff’s application to proceed in forma pauperis shall be denied, and

25

Plaintiff shall be required to pay the statutory filing fee of $400.00 for this action in full.

26

Based on the foregoing, IT IS HEREBY ORDERED that:

27

1.

28

Plaintiff's motion to proceed in forma pauperis, filed on December 29, 2014, is
DENIED;
1

1

2.

2
3
4

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

3.

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

5
6
7

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

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28
2