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)

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