Applegate v. Smith et al

Filing 4

ORDER to File In Forma Pauperis Application on Form Provided With Order or Pay Filing Fee in Full Within Forty-Five (45) Days, signed by Magistrate Judge Sheila K. Oberto on 6/29/2015. (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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1:15-cv-00972-SKO (PC)

BRIAN APPLEGATE,
Plaintiff,
v.
KAMBREA SMITH, et al.,

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Defendants.

ORDER TO FILE IN FORMA PAUPERIS
APPLICATION ON FORM PROVIDED
WITH ORDER OR PAY FILING FEE IN
FULL
(Doc. 2)
FORTY-FIVE DAY DEADLINE

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Plaintiff Brian Applegate, a state prisoner proceeding pro se, filed this civil rights action
pursuant to 42 U.S.C. § 1983 on June 26, 2015. Plaintiff filed an application to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915, but the form he used is intended for habeas petitions and

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does not include this court’s requisite language acknowledging the fee will be deducted in

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increments from his trust account if funds are available. Therefore, Plaintiff shall sign and file

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the application form provided with this order. Plaintiff does not need to have the trust account

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officer complete the certification or submit a trust account statement. The application form he

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filed on June 26, 2015, is sufficient with respect to those requirements.

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Accordingly, IT IS HEREBY ORDERED that:
1.

The Clerk’s Office shall send Plaintiff the form for application to proceed in forma

pauperis used by this court;

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2.

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

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sign and file the application to proceed in forma pauperis or, in the alternative, pay the $400.00

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filing fee in full; and

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3.

Failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
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Dated:

June 29, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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