Bradford v. Ogbuehi et al

Filing 15

ORDER REGARDING Application to Proceed In Forma Pauperis; Forty-Five Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 4/12/2017. (Attachments: # 1 IFP Application)(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND ALFORD BRADFORD,
Plaintiff,

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v.
C. OGBUEHI, et al.,
Defendants.

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1:15-cv-01918-AWI-BAM (PC)
ORDER REGARDING APPLICATION TO
PROCEED IN FORMA PUAPERIS
FORTY-FIVE DAY DEADLINE

Plaintiff Raymond Alford Bradford is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This matter was referred to the undersigned pursuant

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to 28 U.S.C. § 636(1)(B) and Local Rule 302.
Plaintiff initiated this action on December 28, 2015. (ECF No. 1.) On January 22, 2016,

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Plaintiff submitted an application to proceed in forma pauperis. (ECF No. 4.) On March 4, 2016,

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the Court issued an order denying Plaintiff’s motion to proceed in forma pauperis and dismissing

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the action without prejudice to refiling with submission of the $400.00 filing fee. (ECF No. 6.)

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The Court had determined that Plaintiff was subject to the three strikes provision of 28 U.S.C. §

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1915(g) and that he did not satisfy the imminent danger exception. (Id.) Plaintiff appealed. (ECF

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No. 8.)

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On March 20, 2017, the Ninth Circuit of the Court of Appeals reversed the Court’s denial

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of the application to proceed in forma pauperis, and remanded the matter for further proceedings.

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(ECF No. 12.) The Ninth Circuit issued its mandate on April 11, 2017. (ECF No. 14.)
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Based on the Ninth Circuit’s order reversing and remanding this action, the Court must

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re-evaluate whether Plaintiff may be granted leave to proceed in forma pauperis. No application

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to proceed in forma pauperis is currently pending, however. Pursuant to 28 U.S.C. § 1915(a)(1),

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Plaintiff must submit an application for leave to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Clerk’s Office shall send to Plaintiff an application to proceed in forma

pauperis by a state prisoner; and
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Plaintiff shall, within forty-five days of the date of service of this order, complete

and return the application to proceed in forma pauperis to the Court. Plaintiff’s failure to do so

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will result in a recommendation that this action be dismissed for failure to prosecute and to obey

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a Court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 12, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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