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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 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. 16 17 On July 22, 2016, Plaintiff was ordered to file a completed in forma pauperis 18 affidavit. He was cautioned that failure to do so could result in a recommendation that 19 his action be dismissed. The time allowed for that filing has now expired without Plaintiff 20 having responded to the court’s order or having filed the document as ordered. 21 The Court is aware that Plaintiff previously filed two motions to proceed in forma 22 pauperis in this case. See ECF Nos. 3, 8. He was advised that both were lacking insofar 23 as neither included necessary language authorizing the agency having custody of 24 Plaintiff to collect funds from his trust account and forward them to the Clerk of the 25 United States District Court in accordance with 28 U.S.C. §1915(b)(2). It appears he has 26 since submitted the trust account statement. ECF No. 20. 27 28 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 1 1 the specified language directing transmittal of trust funds to this Clerk in this 2 Court. 3 Accordingly, IT IS ORDERED that within 21 days of the date of this Order Plaintiff 4 shall submit a new application to proceed in forma pauperis, completed and signed, or in 5 the alternative, pay the $400.00 filing fee for this action. A failure to do so will result in a 6 recommendation that the case be dismissed. 7 8 9 IT IS SO ORDERED. Dated: September 22, 2016 /s/ 10 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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