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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHANNON WILLIAMS, 12 13 14 15 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. 16 17 Plaintiff is a federal prisoner proceeding pro se in a civil rights action pursuant to 18 Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On October 24, 2016, the Court 19 ordered Plaintiff to submit within 45 days an application to proceed in forma pauperis or 20 the $400 filing fee. (ECF No. 3.) Plaintiff was sent a form application to proceed in forma 21 pauperis by a prisoner. The 45 day deadline passed without Plaintiff either filing an 22 application to proceed in forma pauperis, paying the applicable filing fee, or seeking an 23 extension of time to do so. 24 Accordingly, on December 20, 2016, the Court ordered Plaintiff to show cause 25 why the action should not be dismissed. (ECF No. 4.) However the Court there 26 27 28 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.) 1 1 Notwithstanding the Court’s error and Plaintiff’s reasonable reliance upon it, the 2 case cannot proceed without Plaintiff having paid the $400.00 filing fee or submitting an 3 application for a prisoner to proceed in forma pauperis on the appropriate form 4 pursuant to 28 U.S.C. ' 1915. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Clerk=s Office shall send to plaintiff the form for application to proceed in 7 8 9 10 11 12 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. 13 14 Dated: January 5, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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