Paez, Jr. v. Fresno County Sheriff's Department

Filing 5

ORDER Denying In Forma Pauperis Application without Prejudice; ORDER to Submit Prisoner Application to Proceed In Forma Pauperis or Pay Filing Fee within Forty-Five Days signed by Magistrate Judge Barbara A. McAuliffe on 04/06/2017. (Attachments: # 1 Application for IFP)(Flores, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO G. PAEZ, JR., 12 Plaintiff, 13 14 15 v. FRESNO COUNTY SHERIFF’S DEPARTMENT, Defendant. 16 17 Case No.: 1:17-cv-00455-BAM (PC) ORDER DENYING IN FORMA PAUPERIS APPLICATION WITHOUT PREJUDICE (ECF No. 2) ORDER TO SUBMIT PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN FORTY-FIVE (45) DAYS 18 Plaintiff Guillermo G. Paez, Jr. (“Plaintiff”) is a federal prisoner proceeding pro se in this 19 20 civil action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on April 3, 2017. (ECF 21 No. 1.) That same day, Plaintiff filed a motion requesting leave to proceed in forma pauperis 22 pursuant to 28 U.S.C. § 1915. (ECF No. 2.) However, Plaintiff’s form is incomplete. There is no certified copy of Plaintiff’s trust 23 24 account statement for the past six months attached to the application as the instructions require, 25 nor is the certificate portion of the form dated, signed, or filled-out by an authorized officer of the 26 correctional institution. Plaintiff must submit a completed form if he wishes for the application to 27 be considered. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. 3 prejudice; 4 2. 5 6 Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED, without The Clerk of the Court is directed to serve this order and a blank IFP application for a prisoner on Plaintiff; 3. Within forty-five (45) days from the date of service of this order, Plaintiff shall 7 file the attached application to proceed in forma pauperis, completed and signed, or in the 8 alternative, pay the $400.00 filing fee for this action; 9 4. No extension of time will be granted without a showing of good cause; and 10 5. Plaintiff is warned that the failure to comply with this order will result in 11 dismissal of this action, without prejudice. 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara April 6, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?