Galik v. Namgalama et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/22/09 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the balance of the filing fee he owes to this court, or an application for leave to proceed in forma pauperis. Clerk is directed to mail to plaintiff a form application for leave to proceed in forma pauperis.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. A. NAMGALAMA, et al., Defendants. / Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 42 U.S.C. §1983. He also has submitted $150 to the Clerk of the Court. To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Prisoners challenging the conditions of their confinement who obtain leave to proceed in forma pauperis must pay the entire filing fee. See 28 U.S.C. § 1915(b). However, they may pay it in increments by having payments deducted from their prison trust accounts and sent directly to the Clerk of the Court. Id. Accordingly, to pursue this action, plaintiff must either submit the entire balance of the fee or submit an application for leave to proceed in forma pauperis. ////
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KEVIN GALIK, Plaintiff, No. CIV S-09-0152 EFB P

ORDER

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Accordingly, plaintiff has 30 days from the date of service of this order to submit either the balance of the filing fee he owes to this court, or an application for leave to proceed in forma pauperis. In order for the application to be deemed complete, plaintiff must either have prison officials complete the certificate portion of the form or send the court a certified copy of his prison trust account activity for the six months immediately proceeding the filing of the complaint. The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this order may result in this action being dismissed. So ordered. Dated: July 22, 2009.

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