Givens v. Governor of the State of California et al

Filing 9

ORDER signed by Magistrate Judge Dale A. Drozd on 10/11/11 ORDERING that within 30 days from the date of service of this order, plaintiff shall submit a non-prisoner affidavit in support of his request to proceed in forma pauperis or the required fil ing fee ($350.00). Clerk of the Court is directed to send plaintiff a copy of the non-prisoner in forma pauperis form used by this district; and within 30 days from the date of service of this order, plaintiff shall submit in paper format the declaration described in the text of this order if he wishes to agree to the courts requirements for electronic filing.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

FRANCOIS P. GIVENS,

11
12
13

Plaintiff,

No. CIV S-11-1880 GEB DAD P

vs.
GOVERNOR OF THE STATE
OF CALIFORNIA et al.,

14
Defendants.
15

ORDER
/

16

Plaintiff is a former state prisoner proceeding pro se. Plaintiff seeks relief

17

pursuant to 42 U.S.C. § 1983 and has filed an application to proceed in forma pauperis under 28

18

U.S.C. § 1915.

19

Ordinarily, a prisoner-plaintiff is permitted to file a civil action in federal court

20

without prepayment of fees if he alleges in an affidavit that he is unable to pay such fees. See 28

21

U.S.C. § 1915(a). However, here, plaintiff has informed the court by way of a notice of change

22

of address that he is no longer incarcerated. For the court to assess whether plaintiff is entitled to

23

proceed IFP, he must apply to proceed IFP under the general provisions of 28 U.S.C. §

24

1915(a)(1). Accordingly, the court will provide plaintiff with an opportunity to submit a non-

25

prisoner affidavit in support of his request to proceed in forma pauperis or the required filing fee

26

($350.00).
1

1

Plaintiff has also requested leave to use the court’s electronic filing system, CM-

2

ECF. See Local Rule 133(b). Before the court will rule on plaintiff’s motion, he is required to

3

file a declaration signed under penalty of perjury stating that he has investigated this court’s

4

electronic filing requirements, has all necessary hardware and software, and will comply with all

5

requirements concerning electronic filing in this court. General information is available on the

6

following website: http://www.uscourts.gov/. For additional information, plaintiff may contact

7

Keith Holland, Operations Manager for the United States District Court for the Eastern District

8

of California, at [phone].

9

Plaintiff is cautioned that if the court grants his request, he must immediately

10

register to file documents electronically through ECF. See Local Rule 101 (defining “E-Filing

11

Registration”). “E-Filing registration also acts as a consent to service by electronic means during

12

the course of an action.” Id. Thus, if plaintiff is granted leave to file electronically, he must file

13

all documents in this case electronically, and all court orders and documents filed by defendant

14

will be served on plaintiff electronically. Until plaintiff has been granted leave to use electronic

15

filing, his communication with the court must be by means of paper documents filed in

16

accordance with Local Rule 133.

17
18

If plaintiff files a satisfactory declaration in which he agrees to comply with the
court’s requirements for electronic filing, the undersigned will grant plaintiff’s request.

19

Accordingly, IT IS HEREBY ORDERED that:

20

1. Within thirty days from the date of service of this order, plaintiff shall submit a

21

non-prisoner affidavit in support of his request to proceed in forma pauperis or the required filing

22

fee ($350.00). Plaintiff is cautioned that failure to comply with this order or seek an extension of

23

time to do so will result in a recommendation that this action be dismissed without prejudice;

24

2. The Clerk of the Court is directed to send plaintiff a copy of the non-prisoner

25

in forma pauperis form used by this district; and

26

/////
2

1

3. Within thirty days from the date of service of this order, plaintiff shall submit

2

in paper format the declaration described in the text of this order if he wishes to agree to the

3

court’s requirements for electronic filing.

4

DATED: October 11, 2011.

5
6
7

DAD:9
give1880.ifp

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3