Wiley v. Kern County Sheriff et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ANTHONY WILEY, SR.,
KERN COUNTY SHERIFF, et al.,
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
Plaintiff Anthony Wiley, Sr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil
rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a United
States Magistrate Judge. (ECF No. 5.)
Plaintiff initiated this action on July 24, 2017. (ECF No. 1.) On July 25, 2017, Plaintiff
was ordered to submit an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915,
or to pay the filing fee for this action within forty-five days. (ECF No. 4.) On July 31, 2017,
Plaintiff timely filed an application to proceed in forma pauperis. (ECF No. 6.)
However, Plaintiff’s form is incomplete. The application requires that Plaintiff attach a
certified copy of his inmate trust account statement showing transactions for the past six months.
The form also requires that a certificate be completed by the institution of incarceration, and
signed by an authorized officer. Plaintiff has not submitted this information nor obtained the
necessary certification as required. Plaintiff must submit a completed form if he wishes for the
application to be considered.
Accordingly, IT IS HEREBY ORDERED as follows:
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;
Within forty-five (45) days from the date of service of this order, Plaintiff shall
file the attached application to proceed in forma pauperis, completed and signed, or in the
alternative, pay the $400.00 filing fee for this action;
No extension of time will be granted without a showing of good cause; and
Plaintiff is warned that the failure to comply with this order will result in
dismissal of this action, without prejudice.
IT IS SO ORDERED.
August 2, 2017
UNITED STATES MAGISTRATE JUDGE
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