(PC) Simms v. Edwards

Filing 4

**VACATED PURSUANT TO #7 ORDER** ORDER to Submit Application to Proceed In Forma Pauperis or Pay Filing Fee within 45 Days, signed by Magistrate Judge Barbara A. McAuliffe on 1/10/2022. ( Motion for IFP or Pay Filing Fee within 45-Day Deadline) (Attachments: #1 IFP Application)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEJWAN SIMMS,

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Plaintiff,
v.
EDWARDS,

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Case No. 1:22-cv-00028-BAM (PC)
ORDER TO SUBMIT APPLICATION TO
PROCEED IN FORMA PAUPERIS OR PAY
FILING FEE WITHIN 45 DAYS
FORTY-FIVE (45) DAY DEADLINE

Defendant.

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Plaintiff Dejwan Simms (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action under 42 U.S.C. § 1983. This action was initiated on January 6, 2022. (ECF No. 1.)

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Plaintiff has not paid the $402.00 filing fee or submitted an application to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915.

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Accordingly, IT IS HEREBY ORDERED that:

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Within forty-five (45) days of the date of service of this order, Plaintiff shall submit the

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attached application to proceed in forma pauperis, completed and signed, together with a certified

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copy of his inmate trust account statement, or in the alternative, pay the $402.00 filing fee for this

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action. No requests for extension will be granted without a showing of good cause. Failure

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to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 10, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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