Bealer v. Warden of Kern Valley State Prison

Filing 4

ORDER to Submit Application to Proceed In Forma Pauperis for a Prisoner or Pay Filing Fee Within 45 Days, signed by Magistrate Judge Stanley A. Boone on 9/27/17. Motion for IFP Due Within 45-Days. (Attachments: # 1 IFP Application & Instructions)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

ORDER TO SUBMIT APPLICATION
TO PROCEED IN FORMA PAUPERIS
FOR A PRISONER, OR PAY FILING FEE
WITHIN 45 DAYS

v.
WARDEN OF KERN VALLEY STATE
PRISON,
Defendant.

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Case No.: 1:17-cv-01277-SAB (PC)

ANTWOINE BEALER,

Plaintiff Antwoine Bealer is a state prisoner proceeding pro se in a civil rights action

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pursuant to 42 U.S.C. ' 1983. This action was opened by a court order in Antwoine Bealer v.

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Kern Valley State Prison, Case No. 1:16-cv-00367-DAD-SKO-PC, issued on September 22,

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2017. (ECF No. 2.) Specifically, the first amended complaint in that case, filed on March 7, 2017,

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was stricken from the record in that matter, and ordered to be opened as a new case. This current

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matter is the new case.

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Plaintiff has not paid the $400.00 filing fee, or submitted an application to proceed in
forma pauperis in this action, pursuant to 28 U.S.C. ' 1915.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Clerk’s Office shall send to Plaintiff an application to proceed in forma

pauperis for a prisoner;
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Within forty-five (45) days of the date of service of this order, Plaintiff shall

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

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alternative, pay the $400.00 filing fee for this action; and
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3.

No requests for an extension of time will be granted without a showing of

good cause. Failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

September 27, 2017
UNITED STATES MAGISTRATE JUDGE

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