Burciaga v. Deputy Sheriff
Filing
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THIRD AND FINAL ORDER Directing Plaintiff to Pay $400.00 Filing Fee or Submit a Complete Application to Proceed In Forma Pauperis Within Twenty-One (21) Days signed by Magistrate Judge Stanley A. Boone on 4/6/2017. (Attachments: # 1 IFP Application). (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MANUEL BURCIAGA,
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Plaintiff,
v.
DEPUTY SHERIFF,
Defendant.
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Case No.: 1:17-cv-00186-SAB (PC)
THIRD AND FINAL ORDER DIRECTING
PLAINTIFF TO PAY $400.00 FILING FEE OR
SUBMIT A COMPLETE APPLICATION TO
PROCEED IN FORMA PAUPERIS
Plaintiff Manuel Burciaga filed the instant civil rights action pursuant to 42 U.S.C. § 1983, on
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February 10, 2017. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of the
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United States Magistrate Judge on March 3, 2017. Local Rule 302.
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On April 5, 2017, Plaintiff filed a response to the Court’s second order directing payment of
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the $400.00 filing fee or submission of application to proceed in forma pauperis. Plaintiff contends
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that he has satisfied the payment fee.
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In arguing that Plaintiff has satisfied the payment of the $400.00 filing fee in this case, Plaintiff
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cites to House Joint Resolution (HJR) 192. HJR 192 of 1993 involved the suspension of the gold
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standard. H.J.R. 192, 73d Cong. (1933); see also U.S. v. Lee, 427 F.3d 881, 888 (11th Cir. 2005)
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(discussing the resolution); Holyoke Water Co. v. American Writing Paper Co., 300 U.S. 324, 339 n.1
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(1937) (setting forth the joint resolution). This resolution was enacted and is today codified as 31
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U.S.C. § 5118(d), which specifies that obligations requiring repayment in gold and issued after
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October 1977 are satisfiable by fiat money. This act of Congress has no conceivable bearing on
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Plaintiff payment of fees in this action, and there is no exception to paying the filing fee or submitting
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an application to proceed in forma pauperis in this action.
Plaintiff is again advised that in order to proceed with this action, he must either pay the
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$400.00 filing or submit a complete application to proceed in forma pauperis, and there is no
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exception to this rule. 28 U.S.C. § 1914; 28 U.S.C. § 1915(a)(1). Accordingly, within twenty-one
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(21) days from the date of service of this order, Plaintiff shall submit the attached application to
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proceed in forma pauperis, completed and signed, or in the alternative, pay the $400.00 filing fee for
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this action. No requests for extension will be granted without a showing of good cause, and the
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failure to comply with this order will result in dismissal of this action.
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IT IS SO ORDERED.
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Dated:
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April 6, 2017
UNITED STATES MAGISTRATE JUDGE
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