Smith v. Martinez, et al.

Filing 7

ORDER TO SUBMIT Signed Application to Proceed In Forma Pauperis or Pay Filing Fee and ORDER STRIKING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 8/18/2017. Motion for IFP due within thirty (30) days. (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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EARL D. SMITH,

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CASE No. 1:17-cv-01092-MJS (PC)

Plaintiff,
ORDER TO SUBMIT SIGNED
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE

v.
MARTINEZ, et al.,

THIRTY (30) DAY DEADLINE

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Defendants.

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On August 14, 2017, Plaintiff initiated a civil rights action pursuant to 42 U.S.C.

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§ 1983. (ECF No. 1.) He also filed an application to proceed in forma pauperis. (ECF No.

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2.) However, that application was, and remains, unsigned. (Id.)

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The Court cannot consider unsigned filings. Therefore, Plaintiff’s application shall
be stricken from the record. Fed. R. Civ. P. 11(a); Local Rule 131(b).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

from the record for lack of signature;

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2.

The Clerk’s Office shall send Plaintiff an application to proceed in forma
pauperis;

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Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is stricken

3.

Within thirty (30) days from the date of service of this Order, Plaintiff must
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either file a signed application to proceed in forma pauperis or pay the

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$400.00 filing fee for this action; and

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4.

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Failure to comply with this Order may result in dismissal of this
action.

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IT IS SO ORDERED.
Dated:

August 18, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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