Sanders v. Matevousian

Filing 11

ORDER Requiring Plaintiff to Pay Filing Fee or Submit an Application to Proceed In Forma Pauperis, signed by Magistrate Judge Michael J. Seng on 11/22/17. Motion for IFP Due Within Thirty Days. (Attachments: # 1 IFP Application & Instructions)(Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 CURTIS DANE SANDERS, 11 Plaintiff, 12 v. 13 Case No. 1:17-cv-1554-AWI-MJS (PC) ORDER REQUIRING PLAINTIFF TO PAY FILING FEE OR SUBMIT AN APPLICATION TO PROCEED IN FORMA PAUPERIS ANDRE MATEVOUSIAN, et al., 14 (ECF No. 3) Defendants. 15 THIRTY (30) DAY DEADLINE 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed on 17 18 November 13, 2017. (ECF No. 1.) Plaintiff filed this case as a habeas corpus petition in the Sacramento Division of 19 20 the United States District Court for the Eastern District of California. However, the 1 21 Magistrate Judge assigned to the case construed it, and re-designated it, as a Bivens 22 action because it raises challenges to the conditions, not the fact or duration, of 23 confinement. (ECF No. 3.) As the alleged violations took place in Merced County in the 24 Fresno Division of the Eastern District of California, the case was then transferred to the 25 undersigned. See Local Rule 120(d). When Plaintiff filed this case as a habeas corpus petition, he paid the requisite 26 27 1 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 28 (1971). 1 $5.00 filing fee for such actions. However, as the case has been re-designated as a 2 Bivens action, Plaintiff is required to pay the $400.00 filing fee for a civil case or file a 3 motion to proceed in forma pauperis. 4 28 U.S.C. 1915(a) provides that the Court “may authorize the commencement of 5 any . . . action . . . without prepayment of fees or security therefor, by a person who 6 submits an affidavit that includes a statement of all assets such prisoner possesses that 7 the person is unable to pay such fees or give security therefor.” As a prisoner, the 8 statute also requires Plaintiff to “submit a certified copy of the trust fund account 9 statement (or institutional equivalent) for [Plainitff] for the 6-month period immediately 10 preceding the filing of the complaint[.]” 28 U.S.C. 1915(a)(2). 11 Accordingly, IT IS HEREBY ORDERED that: 12 (1) The Clerk’s Office shall send Plaintiff an application to proceed in forma 13 pauperis; 14 (2) Within thirty (30) days from the date of service of this Order, Plaintiff shall 15 either file the application to proceed in forma pauperis or pay the remaining $395.00 of 16 the filing fee in full; and 17 (3) Failure to obey this order will result in a recommendation of dismissal of 18 this action. See Local Rule 110. 19 20 21 IT IS SO ORDERED. Dated: November 22, 2017 /s/ 22 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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