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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY T. HARDIN,
Plaintiff,
v.
DAVID WILSON, et al.,
Defendants.

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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

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action, suit or proceeding in a United States District Court must pay a filing fee. 28 U.S.C. § 1915(a).

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The Court may authorize the commencement of an action without the filing fee “by a person who

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submits an affidavit that includes a statement of all assets such [person] possesses that the person is

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unable to pay such fees or give security therefore.” 28 U.S.C. § 1915(a)(1). Therefore, an action may

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proceed despite a failure to prepay the filing fee only if leave to proceed in forma pauperis is granted

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by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

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Despite receiving this information from the Court, Plaintiff failed to pay the filing fee or file a

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motion to proceed in forma paupers. Instead, Plaintiff filed a response to the Court’s order in which

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he indicated he is “an indigent inmate,” who does not have his own funds and “cannot afford filing

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[the] complaint.” (Doc. 3 at 1) However, Plaintiff did not make these statements under oath. (See id.)
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Thereafter, the Court provided Plaintiff with its application to proceed in forma pauperis form, to be

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completed by Plaintiff. (Doc. 4) To date, Plaintiff has neither completed the application nor paid the

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Court’s filing fee. As a result, the action cannot proceed at this time.

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Accordingly, the Court ORDERS:

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later than December 29, 2017; and

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2.

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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.

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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.

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IT IS SO ORDERED.
Dated:

December 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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