Del Rio v. Superior Court of California, County of Riverside et al

Filing 4

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID J. DEL RIO, Plaintiff, 11 v. 12 13 SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE, et al., 14 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 15 16 17 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 18 proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915, on August 25, 2020, the court 19 entered an order requiring Plaintiff to either file an IFP application or pay the filing fee. (ECF No. 20 2.) 21 On September 10, 2020, Plaintiff filed a document that appears to be a copy of his inmate 22 transaction list from his institution of confinement. (ECF No. 3.) This inmate transaction list, 23 which is not certified, shows an inmate withdrawal made on August 12, 2020, in the amount of 24 $400, with the notation “EASTERN DIST.” However, Plaintiff’s complaint initiating this action 25 was not received by the court until August 21, 2020. (ECF No. 1.) The court did not receive with 26 the complaint and has not subsequently received, from Plaintiff or from his institution of 27 confinement on behalf of Plaintiff, payment for the filing fee. Nor has the Court receive an IFP 28 application from Plaintiff. 1 1 To the extent Plaintiff sent funds to the court prior to the court’s receipt of the complaint, 2 the court would have returned those funds to Plaintiff, and Plaintiff should follow up with his 3 institution of confinement to determine the status of such funds. 4 IT IS ORDERED that: 5 1. The Clerk of the Court is respectfully directed to send Plaintiff an application to proceed in forma pauperis by a prisoner. 6 7 2. Within forty-five (45) days of the date of service of this order, Plaintiff shall submit 8 the attached application to proceed in forma pauperis, completed and signed, or, in the 9 alternative, pay the $400.00 filing fee for this action. No requests for extension will 10 be granted without a showing of good cause. Failure to comply with this order 11 will result in dismissal of this action. 12 IT IS SO ORDERED. 13 14 Dated: September 14, 2020 /s/ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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