Benyamini v. Harris et al

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 11/06/09 denying 6 Motion to Stay. Plaintiff shall submit within 30 days from the date of this order, either the $350.00 filing fee or a properly completed application to proceed in forma pauperis. (Plummer, 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. J.D. HARRIS, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On September 11, 2009, the court ordered plaintiff to submit within thirty days either the $350.00 filing fee or a properly completed application to proceed in forma pauperis. On October 9, 2009, the court granted plaintiff's motion for a thirty-day extension of time to comply with the court's order. On October 20, 2009, plaintiff filed a motion to stay this case because he allegedly suffers from several medical conditions and is heavily medicated. In the interest of justice, the court will grant plaintiff a second extension of time to submit the $350.00 filing fee or a properly completed application to proceed in forma pauperis; however, the court will not stay this action. Plaintiff is cautioned that he must diligently proceed with this action, and if he is unable to do so, ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT P. BENYAMINI, Plaintiff, No. CIV S-09-2462 DAD P

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

he may request that this action be voluntarily dismissed without prejudice and re-file his action at a later date. See Fed. R. Civ. P. 41(b). Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's October 20, 2009 motion for a stay (Doc. No. 6) is denied; and 2. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee or a properly completed application to proceed in forma pauperis; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice. DATED: November 6, 2009.

DAD:9 beny2462.msty

2