Buckley, Jr. v. Johnson et al

Filing 5

ORDER denying 4 Motion to Proceed IFP, without prejudice and to submit Prisoner Application to proceed in forma paupers or pay filing fee signed by Magistrate Judge Barbara A. McAuliffe on 2/6/2017. (IFP Application or filing fee due by 3/27/2017). (Attachments: # 1 IFP Application). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY C. BUCKLEY, JR.,

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Plaintiff,

Case No. 1:17-cv-00102-BAM (PC)
ORDER DENYING IN FORMA PAUPERIS
APPLICATION WITHOUT PREJUDICE

v.
(ECF No. 4)
B. JOHNSON, et al.,

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Defendants.

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ORDER TO SUBMIT PRISONER
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE WITHIN
FORTY-FIVE (45) DAYS

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Plaintiff Rodney C. Buckley, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this

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civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on January 23, 2017.

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(ECF No. 1.)

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On January 26, 2017, the Court issued an order for Plaintiff to submit an application to

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proceed in forma pauperis or pay the filing fee within forty-five (45) days. (ECF No. 3.) On

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February 2, 2017, Plaintiff filed the instant motion to proceed in forma pauperis under 28 U.S.C.

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§ 1915 (ECF No. 4.)

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Plaintiff’s application form is incomplete. He indicates under question number 3 that he

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has received money over the last twelve months from various items, but fails to describe the

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source of money for those items, the amounts received, and the amounts he expects he will

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continue to receive. He also fails to answer question number 6 at all. Plaintiff must submit a

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completed application for the Court to consider his request to proceed in forma pauperis.
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Accordingly, the Court HEREBY ORDERS that:

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1.

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prejudice;

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2.

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Plaintiff’s motion to proceed in forma pauperis (ECF No. 4) is DENIED, without

The Clerk of the Court is directed to serve this order and a blank IFP application

for a prisoner on Plaintiff;
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Within forty-five (45) days from the date of service of this order, Plaintiff shall

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file the attached application to proceed in forma pauperis, completed and signed, or in the

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alternative, pay the $400.00 filing fee for this action;

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4.

No extension of time will be granted without a showing of good cause; and

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5.

Plaintiff is warned that the failure to comply with this order will result in

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dismissal of this action, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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