Villalobos v. Faulkner, et al.

Filing 7

ORDER to Submit Application to Proceed In Forma Pauperis or Pay $400.00 Filing Fee or Voluntary Dismissal within 45 Days, signed by Magistrate Judge Sheila K. Oberto on 8/17/17. ( Motion for IFP due by 10/5/2017) (Attachments: # 1 IFP Application)(Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 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., 13 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. Further, since this action was transferred here 21 and opened without Plaintiff’s involvement, it is unknown whether Plaintiff desires to even 22 pursue this action at this time. Plaintiff has not paid the $400.00 filing fee, or submitted an 23 application to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915 in this action. 24 25 26 Accordingly, IT IS HEREBY ORDERED that: Within forty-five (45) days of the date of service of this order, Plaintiff shall: 1. signed; or 27 28 submit the attached application to proceed in forma pauperis, completed and 2. pay the $400.00 filing fee for this action; or 1 1 3. submit a notice of voluntary dismissal under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. 2 3 No requests for extension will be granted without a showing of good cause. Failure to 4 comply with this order will result in dismissal of this action. 5 6 7 IT IS SO ORDERED. Dated: August 17, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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