Xiong v. Kirland et al

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/17/09 ORDERING pltf to submit w/in 30 days, an affidavit in support of his request to proceed ifp or the appropriate filing fee; pltf's failure to comply will result in the dismissal of this action; and the clerk to send pltf a new 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. H. KIRLAND, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the required filing fee. See 28 U.S.C. 1914(a), 1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in support of a request to proceed in forma pauperis or to submit the appropriate filing fee. In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; plaintiff's failure to comply with this order will result in the dismissal of this action; and ///// 1 ORDER XAI XIONG, Plaintiff, No. CIV S-09-3345 GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. DATED: December 17, 2009 /s/ Gregory G. Hollows 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 GGH:md xion3345.3a GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

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