Wiley v. Kern County Sheriff et al

Filing 7

ORDER DENYING IN FORMA PAUPERIS APPLICATION 6 , WITHOUT PREJUDICE AND ORDER TO SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS FOR A PRISONER OR PAY FILING FEE signed by Magistrate Judge Barbara A. McAuliffe on 8/2/2017. (IFP Application due by 9/19/2017). (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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ANTHONY WILEY, SR.,

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Plaintiff,
v.
KERN COUNTY SHERIFF, et al.,
Defendants.

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Case No. 1:17-cv-00981-BAM (PC)
ORDER DENYING IN FORMA PAUPERIS
APPLICATION, WITHOUT PREJUDICE
(ECF No. 6)
ORDER TO SUBMIT APPLICATION TO
PROCEED IN FORMA PAUPERIS FOR A
PRISONER, OR PAY FILING FEE WITHIN
FORTY-FIVE (45) DAYS

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Plaintiff Anthony Wiley, Sr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a United

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States Magistrate Judge. (ECF No. 5.)

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Plaintiff initiated this action on July 24, 2017. (ECF No. 1.) On July 25, 2017, Plaintiff

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was ordered to submit an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915,

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or to pay the filing fee for this action within forty-five days. (ECF No. 4.) On July 31, 2017,

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Plaintiff timely filed an application to proceed in forma pauperis. (ECF No. 6.)

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However, Plaintiff’s form is incomplete. The application requires that Plaintiff attach a

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certified copy of his inmate trust account statement showing transactions for the past six months.

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The form also requires that a certificate be completed by the institution of incarceration, and

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signed by an authorized officer. Plaintiff has not submitted this information nor obtained the

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necessary certification as required. Plaintiff must submit a completed form if he wishes for the

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application to be considered.
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Accordingly, IT IS HEREBY ORDERED as follows:

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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. 6) 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

August 2, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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