Ramirez v. Kitt

Filing 4

ORDER DENYING 2 Motion to Proceed IFP Without Prejudice; ORDER to Submit Application to Proceed In Forma Pauperis for a Prisoner, OR Pay Filing Fee Within Forty-Five Days, signed by Magistrate Judge Barbara A. McAuliffe on 7/19/17. (Attachments: # 1 IFP App & Instructions for Prisoner.) (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 ARMANDO RAMIREZ, 12 1:17-cv-00947-BAM (PC) Plaintiff, 13 v. 14 ORDER DENYING IN FORMA PAUPERIS APPLICATION, WITHOUT PREJUDICE VICTOR KITT, 15 (ECF No. 2) ORDER TO SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS FOR A PRISONER, OR PAY FILING FEE WITHIN FORTY-FIVE (45) DAYS Defendant. 16 17 18 Plaintiff Armando Ramirez is a state prisoner proceeding pro se in a civil rights action 19 20 pursuant to 42 U.S.C. ' 1983. Plaintiff initiated this action on July 17, 2017. (ECF No. 1.) That 21 same day, Plaintiff filed a motion requesting leave to proceed in forma pauperis pursuant to 28 22 U.S.C. § 1915. (ECF No. 2.) 23 However, Plaintiff’s form is incomplete. Plaintiff indicated that he has received money 24 from “family/friends” in the past twelve months, but has not described the amounts received or 25 indicate whether he expects to continue to receive additional funds, and how much. Plaintiff must 26 submit a completed form if he wishes for the application to be considered. 27 /// 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 July 19, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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