Butler v. Oliveira, et al

Filing 7

ORDER TO SUBMIT Application to Proceed In Forma Pauperis OR Pay Filing Fee Within 45 Days, signed by Magistrate Judge Gary S. Austin on 1/9/2015. (Attachments: # 1 IFP Application). (Jessen, A)

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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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1:15-cv-00041-GSA (PC)

DERWIN BUTLER,

ORDER TO SUBMIT APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY FILING FEE WITHIN 45 DAYS

v.
M. OLIVEIRA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.

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' 1983. Plaintiff has not paid the $400.00 filing fee, or submitted an application to proceed in

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forma pauperis pursuant to 28 U.S.C. ' 1915.1

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Accordingly, IT IS HEREBY ORDERED that:

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Within forty-five (45) days of the date of service of this order, plaintiff shall submit the

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attached application to proceed in forma pauperis, completed and signed, or in the alternative, pay

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the $400.00 filing fee for this action. No requests for extension will be granted without a

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showing of good cause. Within sixty (60) days of the date of service of this order, plaintiff shall

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submit a certified copy of his/her prison trust statement for the six month period immediately

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Plaintiff submitted a motion for leave to proceed in forma pauperis on December 3, 2014, to the U.S. District Court
for the Northern District of California. (Doc. 3.) However, the Northern District’s transfer order terminated the
motion. (Doc. 4.) Therefore, Plaintiff is required to submit a new application to proceed in forma pauperis to this
court.

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preceding the filing of the complaint. 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.
Dated:

January 9, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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