Finney v. Phi et al

Filing 5

ORDER DENYING 2 Motion to Proceed IFP Without Prejudice and ORDER Requiring Plaintiff to File Completed Application to Proceed In Forma Pauperis or Pay Filing Fee Within Forty-Five (45) Days signed by Magistrate Judge Barbara A. McAuliffe on 11/22/2017. (Attachments: # 1 IFP Application). (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HARLEY FINNEY, 12 13 14 Plaintiff, v. B. PHI, et al, 15 Case No. 1:17-cv-01541-BAM (PC) ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE (ECF No. 2.) Defendants. 16 ORDER REQUIRING PLAINTIFF TO FILE COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE 17 FORTY-FIVE (45) DAY DEADLINE 18 19 Plaintiff Harley Finney (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 20 action pursuant to 42 U.S.C. § 1983. On November 20, 2017, Plaintiff filed a motion to proceed 21 in forma pauperis. (ECF No. 2.) The application was incomplete. Plaintiff reported that over the 22 last twelve months he has received rent payments, interest, or dividends, but he failed to clearly 23 describe the source of the money, the amount received, and if he expected to receive additional 24 amounts. Plaintiff also reported that he owns stocks/shares, but he failed to state the value of the 25 property. (Id.) 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Within forty-five days from the date of service of this order, Plaintiff shall file the 28 attached application to proceed in forma pauperis, completed and signed, or in the 1 1 alternative, pay the $400.00 filing fee for this action; 2 2. No extension of time will be granted without a showing of good cause; and 3 3. The failure to comply with this order will result in dismissal of this action without 4 prejudice. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara November 22, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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