Whatley v. Forgauh et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/28/09 ORDERING pltf to submit, w/in 30 days, either the filing fee or the application required by section 1915(a); clerk to mail pltf an ifp application.(Yin, K)

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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. FORGAUH, et al., Defendants. / Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. See 42 U.S.C. 1983. 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). Plaintiff has neither paid the fee nor submitted a proper application for leave to proceed in forma pauperis. Accordingly, plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by 1915(a). The Clerk of the Court is directed to mail ///// ///// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GERELL LEE WHATLEY, Plaintiff, No. CIV S-09-0176 EFB P ORDER 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 to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this order will result in this action being dismissed. So ordered. DATED: January 28, 2009. 2

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