Williams v. Baker et al

Filing 6

ORDER to Submit Application to Proceed In Forma Pauperis or Pay Filing Fee Within 14 Days, signed by Magistrate Judge Michael J. Seng on 1/5/17. Motion for IFP Due Within 14-Days. (Attachments: # 1 IFP Application & Instructions)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHANNON WILLIAMS,

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Plaintiff,
v.

1:16-cv-01540-MJS (PC)
ORDER TO SUBMIT APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY FILING FEE WITHIN 14 DAYS

OFFICER BAKER,
Defendant.

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Plaintiff is a federal prisoner proceeding pro se in a civil rights action pursuant to

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Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On October 24, 2016, the Court

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ordered Plaintiff to submit within 45 days an application to proceed in forma pauperis or

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the $400 filing fee. (ECF No. 3.) Plaintiff was sent a form application to proceed in forma

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pauperis by a prisoner. The 45 day deadline passed without Plaintiff either filing an

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application to proceed in forma pauperis, paying the applicable filing fee, or seeking an

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extension of time to do so.

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Accordingly, on December 20, 2016, the Court ordered Plaintiff to show cause

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why the action should not be dismissed. (ECF No. 4.) However the Court there

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mistakenly directed Plaintiff to submit an application for a non-prisoner to proceed in
forma pauperis. Not surprisingly, Plaintiff responded by submitting that form for a nonprisoner to proceed in forma pauperis. (ECF No. 5.)
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Notwithstanding the Court’s error and Plaintiff’s reasonable reliance upon it, the

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case cannot proceed without Plaintiff having paid the $400.00 filing fee or submitting an

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application for a prisoner to proceed in forma pauperis on the appropriate form

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pursuant to 28 U.S.C. ' 1915.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk=s Office shall send to plaintiff the form for application to proceed in

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forma pauperis by a prisoner.
2. Within fourteen (14) days of the date of service of this order, plaintiff shall
submit the attached application to proceed in forma pauperis by a prisoner, completed
and signed, or in the alternative, pay the $400.00 filing fee for this action.
3. Failure to comply with this order will result in dismissal of this action.
IT IS SO ORDERED.

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Dated:

January 5, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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