(PC) Muldrew v. Marroquin et al

Filing 4

ORDER to Either: (1) Submit New, Completed Application to Proceed In Forma Pauperis; or (2) Pay $402.00 Filing Fee in Full signed by Magistrate Judge Gary S. Austin on 9/14/2022. Motion for IFP or Fee due within twenty (20) days. (Attachments: # 1 IFP Application). (Lawrence, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 CHRISTOPHER MULDREW, 9 10 11 12 Plaintiff, vs. 1:22-cv-01041-GSA-PC ORDER TO EITHER: (1) SUBMIT NEW, COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS; MARROQUIN, et al., Defendants. OR 13 (2) 14 PAY $402.00 FILING FEE IN FULL 15 TWENTY-DAY DEADLINE 16 ORDER FOR CLERK TO SEND PLAINTIFF AN APPLICATION TO PROCEED IN FORMA PAUPERIS 17 18 19 Christopher Muldrew (“Plaintiff”) is a state prisoner proceeding pro se with this civil 20 rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action 21 on August 18, 2022, together with an application to proceed in forma pauperis under 28 U.S.C. 22 § 1915. (ECF Nos. 1, 2.) However, Plaintiff did not complete all parts of the application. 23 Page one, part 3 of the application asks, “Have you received any money from the 24 following sources over the last twelve months?” (ECF No. 2 at 1 ¶3.) Plaintiff failed to answer 25 whether he had received any money from “(f) Any other sources.” (Id.) If the answer is “yes,” 26 Plaintiff is also required to “describe by that item each source of money, state the amount 27 received, as well as what you expect you will continue to receive (attach an additional sheet if 28 necessary.” (Id. ) 1 1 On page two of the application, Plaintiff answered “yes” to the question “Do you have 2 cash (includes balance of checking or savings accounts)?” but then answered “N/A” when asked 3 to state the total amount. (Id. at 2 ¶ 4.) Plaintiff must describe by that item “each source of 4 money, state the amount received, as well as what you expect you will continue to receive.” (Id.) 5 Without knowing Plaintiff’s present financial status the court cannot grant his application 6 to proceed in forma pauperis. Plaintiff shall be granted another opportunity to submit a new 7 completed application to proceed in forma pauperis, providing all of the information requested, 8 or pay the $402.00 filing fee for this action, within twenty days.1 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The Clerk shall send Plaintiff an application to proceed in forma pauperis; 11 2. Within twenty (20) days of the date of service of this order, Plaintiff shall either: 12 (a) 13 completed and signed; or 14 15 (b) 3. 16 17 Pay the $402.00 filing fee for this action; Plaintiff is not required to submit another certified copy of his prison trust account statement; 4. 18 19 Submit an application to proceed in forma pauperis to the court, No requests for extension of time will be granted without a showing of good cause; and 5. 20 Plaintiff’s failure to comply with this order will result in a recommendation that this action be dismissed. 21 22 23 IT IS SO ORDERED. Dated: September 14, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 Plaintiff is not required to submit another certified copy of his prison trust account statement. The court received a certified copy on August 18, 2022. (ECF No. 2.) 2

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