Smith v. California State Prison - Sacramento et al

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 04/14/10 ORDERING plaintiff to submit either a completed IFP or the appropriate filing fee within 30 days. The clerk is directed to send plaintiff and IFP. (Williams, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 or filed an application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a) & 1915(a). Plaintiff will be granted thirty days to pay the filing fee in full or submit a properly completed application to proceed in forma pauperis. Plaintiff is cautioned that the in forma pauperis application form includes a section that must be completed by a prison official, and the form must be accompanied by a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of this action. ///// ///// 1 ORDER vs. CALIFORNIA STATE PRISON, SACRAMENTO, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BERNARD L. SMITH, Plaintiff, No. CIV S-10-0766 DAD P

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DAD: 9:md smit0766.3a

Accordingly, IT IS HEREBY ORDERED that: 1. 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 on the form provided with this order; 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; and 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. DATED: April 14, 2010.

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