Ortiz v. Ortiz et al

Filing 3

ORDER STRIKING Unsigned #2 Motion to Proceed IFP and Requiring Plaintiff to File Signed Application to Proceed In Forma Pauperis or Pay the Filing Fee signed by Magistrate Judge Stanley A. Boone on 10/10/2019. Thirty-Day Deadline. (Attachments: #1 IFP Application Form)(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ORTIZ, 12 13 14 Case No. 1:19-cv-01416-AWI-SAB Plaintiff, v. FANNY ORTIZ, et al., 15 Defendants. 16 ORDER STRIKING UNSIGNED APPLICATION TO PROCEED IN FORMA PAUPERIS AND REQUIRING PLAINTIFF TO FILE SIGNED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY THE FILING FEE (ECF No. 2) THIRTY DAY DEADLINE 17 18 Jose Ortiz (“Plaintiff”) is proceeding pro se in this civil rights action pursuant to 42 19 U.S.C. § 1983. On October 8, 2019, Plaintiff filed a complaint in this action. Along with 20 Plaintiff’s complaint, he filed an unsigned application to proceed in forma pauperis. 21 Unsigned documents cannot be considered by the Court, and Plaintiff’s application to 22 proceed in forma pauperis shall be stricken from the record on that ground. Fed. R. Civ. P. 11(a); 23 Local Rule 131(b). 24 25 Plaintiff is required to either pay the filing fee or file a signed application demonstrating that he is entitled to proceed in this action without prepayment of the filing fee. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 Plaintiff’s unsigned application to proceed in forma pauperis, filed October 8, 2019, is STRICKEN FROM THE RECORD; 1 1 2. 2 The Office of the Clerk is directed to provide Plaintiff with an application to proceed in forma pauperis by a prisoner; 3 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file the 4 attached application to proceed in forma pauperis, completed and signed, or in the 5 alternative, pay the $400.00 filing fee for this action; and 6 4. 7 The failure to comply with this order will result in dismissal of this action, without prejudice. 8 9 10 IT IS SO ORDERED. Dated: October 10, 2019 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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