Villalobos v. Faulkner, et al.

Filing 14

ORDER to Submit Application to Proceed In Forma Pauperis or Pay Filing Fee or Voluntary Dismissal Within 45 Days, signed by Magistrate Judge Sheila K. Oberto on 10/11/17. Motion for IFP Due Within 45-Days. (Attachments: # 1 Application & Instructions for IFP)(Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 1:17-cv-01109-SKO-(PC) RICARDO VILLALOBOS, JR., ORDER TO SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE OR VOLUNTARY DISMISSAL WITHIN 45 DAYS Plaintiff, v. MARIA FAULKNER, et al., (Docs. 11, 12) Defendants. 14 15 Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. 16 ' 1983, which he initially filed in the United States District Court in the Northern District of 17 California. (Doc. 1.) This action was opened when the Northern District Court severed a number 18 of Plaintiff’s claims and defendants and had them transferred to this Court. (Docs. 4, 5.) Though 19 Plaintiff submitted an application to proceed in forma pauperis with the original action to the 20 Norther District Court, he has not done so here; nor has Plaintiff paid the $400.00 filing fee. 21 Thus, on August 17, 2017, Plaintiff was ordered to submit either an application to proceed in 22 forma pauperis, pay the filing fee in full, or file a notice of voluntary dismissal. (Doc. 7.) 23 24 25 26 27 28 On October 6, 2017, Plaintiff filed a motion requesting an extension of time to file a motion to proceed in forma pauperis as well as a motion requesting leave to file motions without having access to the full case number of this action. (Docs. 11, 12.) In his motions, Plaintiff explains that, since the August 17, 2017 order issued, he has twice been transferred and currently does not have access to any of his legal paperwork. Further, though Plaintiff has repeatedly requested certified copies of his inmate trust account statement, because of his transfers, he has 1 1 yet to receive it to submit to the Court. The Court understands the predicament Plaintiff is in and 2 that he has been unable to comply with the August 17, 2017 order through no fault of his own. 3 This equates to good cause to grant Plaintiff an extension of time. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Clerk of the Court is directed to forward Plaintiff the form to apply to proceed in forma pauperis in this action; and 6 2. 7 Plaintiff is granted a forty-five day extension of time from the date of service of this order in which Plaintiff shall: 8 a. 9 signed;1 or 10 b. 12 16 submit a notice of voluntary dismissal under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. 13 15 pay the $400.00 filing fee for this action; or c. 11 14 submit the attached application to proceed in forma pauperis, completed and No requests for extension will be granted without a showing of good cause. Failure to comply with this order will result in dismissal of this action. IT IS SO ORDERED. 17 18 Dated: October 11, 2017 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 1 The California Department of Corrections and Rehabilitation will submit a certified copy of his inmate trust account statement for the last six months after Plaintiff files the application to proceed in forma pauperis. Thus, Plaintiff need not await receipt of a copy of his trust account statement before he submits the in forma pauperis application. 2

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