Hardin v. Wilson et al

Filing 5

SECOND 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 12/5/2017. (Attachments: # 1 IFP Form) IFP or filing fee due by 12/29/2017. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 JEFFREY T. HARDIN, Plaintiff, v. DAVID WILSON, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-01232 - LJO - JLT SECOND ORDER DIRECTING PLAINTIFF TO PAY THE FILING FEE OR FILE A MOTION TO PROCEED IN FORMA PAUPERIS Plaintiff initiated this action by filing a complaint on September 14, 2017. (Doc. 1) However, he did not pay the filing fee or file a motion to proceed in forma pauperis. As the Court informed Plaintiff previously, as a general rule, all parties instituting any civil 19 action, suit or proceeding in a United States District Court must pay a filing fee. 28 U.S.C. § 1915(a). 20 The Court may authorize the commencement of an action without the filing fee “by a person who 21 submits an affidavit that includes a statement of all assets such [person] possesses that the person is 22 unable to pay such fees or give security therefore.” 28 U.S.C. § 1915(a)(1). Therefore, an action may 23 proceed despite a failure to prepay the filing fee only if leave to proceed in forma pauperis is granted 24 by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 25 Despite receiving this information from the Court, Plaintiff failed to pay the filing fee or file a 26 motion to proceed in forma paupers. Instead, Plaintiff filed a response to the Court’s order in which 27 he indicated he is “an indigent inmate,” who does not have his own funds and “cannot afford filing 28 [the] complaint.” (Doc. 3 at 1) However, Plaintiff did not make these statements under oath. (See id.) 1 1 Thereafter, the Court provided Plaintiff with its application to proceed in forma pauperis form, to be 2 completed by Plaintiff. (Doc. 4) To date, Plaintiff has neither completed the application nor paid the 3 Court’s filing fee. As a result, the action cannot proceed at this time. 4 Accordingly, the Court ORDERS: 5 1. later than December 29, 2017; and 6 7 2. 10 The Clerk of Court is DIRECTED to provide a copy of the Court’s application to proceed in forma pauperis when serving this Order upon Plaintiff. 8 9 Plaintiff SHALL pay the filing fee or file a motion to proceed in forma pauperis no Plaintiff is advised that failure to comply with this order may result in the dismissal of the action pursuant to Local Rule 110. 11 12 13 14 IT IS SO ORDERED. Dated: December 5, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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