Thornton v. California Department of Corrections and Rehabilitation

Filing 17

ORDER to Submit a Non-Prisoner Application to Proceed In-Forma Pauperis or Pay the $400.00 Filing Fee, signed by Magistrate Judge Barbara A. McAuliffe on 04/16/2018. (Motion for IFP due 30-Day Deadline) (Attachments: # 1 IFP Application-Non Prisoner)(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-01463-BAM (PC)

WILLIAM CECIL THORNTON,

ORDER TO SUBMIT A NON-PRISONER
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY THE $400.00 FILING FEE

Plaintiff,
v.

THIRTY (30) DAY DEADLINE

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITIATION,
Defendant.

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Plaintiff William Cecil Thornton (“Plaintiff”) is a former state prisoner proceeding pro se
in a civil rights action pursuant to 42 U.S.C. § 1983.
On November 1, 2017, the undersigned issued an order denying Plaintiff’s motion for

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leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g) and dismissing this action

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without prejudice to re-filing with the $400.00 filing fee. (ECF Nos. 9, 10.) Plaintiff appealed on

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November 29, 2017. (ECF No. 12.)

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On February 27, 2018, the Court of Appeals for the Ninth Circuit vacated the order and

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judgment of the undersigned and remanded for further proceedings pursuant to Williams v. King,

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875 F.3d 500, 503–04 (9th Cir. 2017). The Ninth Circuit issued its mandate concurrently with

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that order. (ECF No. 15.)

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At the time this action was initiated, Plaintiff was incarcerated. (ECF No. 1.) However,

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Plaintiff’s notice of change of address, filed on March 23, 2018, indicates that he has since been

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released. (ECF No. 16.)
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Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk’s Office shall send to Plaintiff an application to proceed in forma pauperis for a
non-prisoner;
2. Within thirty (30) days of the date of service of this order, Plaintiff shall submit the

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completed and signed application to proceed in forma pauperis for a non-prisoner, or in

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

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3. Failure to comply with this order will result in dismissal of this action for failure to
obey a court order and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 16, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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