Hardin v. Wilson et al

Filing 2

ORDER DIRECTING PLAINTIFF to Pay the Filing Fee or File a Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 9/15/2017. Motion for IFP due within 21 days. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY T. HARDIN,

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Plaintiff,

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v.
DAVID WILSON, et al.,
Defendants.

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Case No.: 1:17-cv-01232 -LJO- JLT
ORDER DIRECTING PLAINTIFF TO PAY THE
FILING FEE OR FILE A MOTION TO PROCEED
IN FORMA PAUPERIS

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Plaintiff initiated this action by filing a complaint on September 14, 2017. (Doc. 1) As a

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general rule, all parties instituting any civil action, suit or proceeding in a United States District Court

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must pay a filing fee. 28 U.S.C. § 1915(a). However, the Court may authorize the commencement of

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an action without the filing fee “by a person who submits an affidavit that includes a statement of all

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assets such [person] possesses that the person is unable to pay such fees or give security therefore.” 28

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U.S.C. § 1915(a)(1). Therefore, an action may proceed despite a failure to prepay the filing fee only if

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leave to proceed in forma pauperis is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176,

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1177 (9th Cir. 1999).

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Plaintiff failed to pay the requisite filing fee or to file a motion to proceed in forma pauperis,
and the matter cannot proceed before the Court at this time. Accordingly, the Court ORDERS:
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Plaintiff SHALL pay the filing fee or file a motion to proceed in forma pauperis within
21 days of service.
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Failure to comply with this order may result in dismissal of this action pursuant to Local Rule

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110.

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IT IS SO ORDERED.
Dated:

September 15, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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