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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.

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' 1983, which he initially filed in the United States District Court in the Northern District of

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California. (Doc. 1.) This action was opened when the Northern District Court severed a number

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of Plaintiff’s claims and defendants and had them transferred to this Court. (Docs. 4, 5.) Though

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Plaintiff submitted an application to proceed in forma pauperis with the original action to the

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Norther District Court, he has not done so here. Further, since this action was transferred here

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and opened without Plaintiff’s involvement, it is unknown whether Plaintiff desires to even

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pursue this action at this time. Plaintiff has not paid the $400.00 filing fee, or submitted an

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application to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915 in this action.

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Accordingly, IT IS HEREBY ORDERED that:
Within forty-five (45) days of the date of service of this order, Plaintiff shall:
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signed; or

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submit the attached application to proceed in forma pauperis, completed and

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pay the $400.00 filing fee for this action; or
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submit a notice of voluntary dismissal under Rule 41(a)(1)(A)(i) of the Federal
Rules of Civil Procedure.

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No requests for extension will be granted without a showing of good cause. Failure to

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comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

August 17, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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