Mundo v. Carmona et al

Filing 7

SECOND ORDER to Submit Application to Proceed In Forma Pauperis; Clerk to Resend Application to Proceed In Forma Pauperis, signed by Magistrate Judge Michael J. Seng on 1/7/17. Motion for IFP Due Within Thirty Days. (Attachments: # 1 IFP Motion) (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN W. MUNDO, 12 Plaintiff, 13 14 15 v. HECTOR CARMONA, et al., Defendants. CASE NO. 1:16-cv-01687-AWI-MJS (PC) SECOND ORDER TO SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF No. 3) THIRTY (30) DAY DEADLINE 16 17 CLERK TO RESEND APPLICATION TO PROCEED IN FORMA PAUPERIS 18 19 Plaintiff is a prisoner proceeding pro se in this civil rights action brought pursuant 20 to 42 U.S.C. § 1983. Plaintiff initiated this action on November 7, 2016, while he was 21 incarcerated at the Northern Nevada Correctional Center (NNCC) in Carson City, 22 Nevada. (ECF No. 1.) On November 15, 2016, the Court ordered Plaintiff to submit an 23 application to proceed in forma pauperis by a prisoner or to pay the $400.00 filing fee 24 within 45 days. (ECF No. 3.) To date, Plaintiff has not paid the filing fee, nor has he 25 submitted an application to proceed in forma pauperis. 26 However, on November 30, 2016, Plaintiff submitted a Notice of Change of 27 Address to the Southern Desert Correctional Center (SDCC) in Indian Springs, Nevada. 28 1 (ECF No. 6.) The Notice is dated November 16, 2016. (Id.) Plaintiff may have been 2 transferred before he received the Court’s order directing him to pay the fee or apply for 3 in forma pauperis status. Accordingly, the Court will grant Plaintiff an additional thirty 4 days to pay the filing fee or submit the attached application to proceed in forma 5 pauperis. 6 Accordingly, it is HEREBY ORDERED that: 7 Within thirty (30) days of this order, Plaintiff shall submit the attached application 8 to proceed in forma pauperis, completed and signed, or in the alternative, pay the 9 $400.00 filing fee for this action. No requests for extension will be granted without a 10 showing of good cause. Failure to comply with this order will result in dismissal of 11 this action. 12 13 14 IT IS SO ORDERED. Dated: January 7, 2017 /s/ 15 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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