Johnson v. Unnamed Defendants

Filing 24

SECOND ORDER to Submit Application to Proceed in Forma Pauperis or Pay Filing Fee, signed by Magistrate Judge Michael J. Seng on 9/22/16: 21-Day Deadline. (Attachments: # 1 IFP Application - blank form)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00708-DAD-MJS (PC)

HERBERT JOHNSON,
Plaintiff,

SECOND ORDER TO SUBMIT
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE

v.
UNNAMED DEFENDANTS,
Defendants.

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On July 22, 2016, Plaintiff was ordered to file a completed in forma pauperis

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affidavit. He was cautioned that failure to do so could result in a recommendation that

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his action be dismissed. The time allowed for that filing has now expired without Plaintiff

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having responded to the court’s order or having filed the document as ordered.

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The Court is aware that Plaintiff previously filed two motions to proceed in forma

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pauperis in this case. See ECF Nos. 3, 8. He was advised that both were lacking insofar

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as neither included necessary language authorizing the agency having custody of

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Plaintiff to collect funds from his trust account and forward them to the Clerk of the

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United States District Court in accordance with 28 U.S.C. §1915(b)(2). It appears he has

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since submitted the trust account statement. ECF No. 20.

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However, this case cannot proceed in this Court (to which it has been
transferred) without a new motion to proceed in forma pauperis accompanied by
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the specified language directing transmittal of trust funds to this Clerk in this

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Court.

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Accordingly, IT IS ORDERED that within 21 days of the date of this Order Plaintiff

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shall submit a new application to proceed in forma pauperis, completed and signed, or in

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the alternative, pay the $400.00 filing fee for this action. A failure to do so will result in a

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recommendation that the case be dismissed.

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IT IS SO ORDERED.
Dated:

September 22, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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