Del Rio v. Superior Court of California, County of Riverside et al
Filing
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SECOND ORDER Requiring Plaintiff to Submit Application to Proceed In Forma Pauperis or Pay Filing Fee Within 45 Days signed by Magistrate Judge Erica P. Grosjean on 9/14/2020. (Attachments: #1 IFP Application). (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID J. DEL RIO,
Plaintiff,
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v.
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SUPERIOR COURT OF CALIFORNIA,
COUNTY OF RIVERSIDE, et al.,
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Defendants.
Case No. 1:20-cv-01186-NONE-EPG
SECOND ORDER REQUIRING
PLAINTIFF TO SUBMIT APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY FILING FEE
FORTY-FIVE (45) DAY DEADLINE
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Plaintiff, David J. Del Rio, is proceeding pro se in this civil rights action. (See ECF No.
1.) Because Plaintiff has neither paid the $400.00 filing fee nor submitted an application to
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proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915, on August 25, 2020, the court
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entered an order requiring Plaintiff to either file an IFP application or pay the filing fee. (ECF No.
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2.)
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On September 10, 2020, Plaintiff filed a document that appears to be a copy of his inmate
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transaction list from his institution of confinement. (ECF No. 3.) This inmate transaction list,
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which is not certified, shows an inmate withdrawal made on August 12, 2020, in the amount of
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$400, with the notation “EASTERN DIST.” However, Plaintiff’s complaint initiating this action
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was not received by the court until August 21, 2020. (ECF No. 1.) The court did not receive with
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the complaint and has not subsequently received, from Plaintiff or from his institution of
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confinement on behalf of Plaintiff, payment for the filing fee. Nor has the Court receive an IFP
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application from Plaintiff.
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To the extent Plaintiff sent funds to the court prior to the court’s receipt of the complaint,
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the court would have returned those funds to Plaintiff, and Plaintiff should follow up with his
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institution of confinement to determine the status of such funds.
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IT IS ORDERED that:
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1. The Clerk of the Court is respectfully directed to send Plaintiff an application to
proceed in forma pauperis by a prisoner.
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2. Within forty-five (45) days of the date of service of this order, Plaintiff shall submit
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the attached application to proceed in forma pauperis, completed and signed, or, in the
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alternative, pay the $400.00 filing fee for this action. No requests for extension will
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be granted without a showing of good cause. Failure to comply with this order
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will result in dismissal of this action.
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IT IS SO ORDERED.
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Dated:
September 14, 2020
/s/
UNITED STATES MAGISTRATE JUDGE
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