Huene v. U.S. Department of the Treasury Internal Revenue Service et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/11 ORDERING that within 21 days of the date of this order, plaintiff shall either pay the required $350 filing fee or file an application for leave to proceed in forma pauperis. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD R. HUENE,

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Plaintiff,

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No. 2:11-cv-02110 JAM KJN PS

v.
U.S. DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE
SERVICE; ANTHONY SHELLEY; and
DOES I through X,

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Defendants.
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ORDER
/

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On August 10, 2011, the above-captioned case and another case filed by plaintiff,

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No. 2:11-cv-02109 JAM KJN PS, were transferred to the Sacramento Division of this court from

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the Fresno Division of this court. (See Order, Aug. 10, 2011, 2:11-cv-02109 JAM KJN PS, Dkt.

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No. 7; Order, Aug. 10, 2011, 2:11-cv-02110 JAM KJN PS, Dkt. No. 2.) A review of the docket

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in the above-captioned case reveals that plaintiff failed to pay the required filing fee of $350 to

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initiate this civil action. See 28 U.S.C. § 1914(a). He also failed to file an application to proceed

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without the prepayment of fees, i.e., an application for leave to proceed in forma pauperis. See

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28 U.S.C. § 1915. Accordingly, the undersigned orders plaintiff to file, within 21 days of the

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date of this order, the required filing fee or an application to proceed in forma pauperis.

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Plaintiff’s failure to pay the filing fee or seek leave to proceed in forma pauperis will result in a
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recommendation that plaintiff’s case numbered 2:11-cv-02110 JAM KJN PS be dismissed and

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closed.

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For the foregoing reasons, IT IS HEREBY ORDERED that within 21 days of the

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date of this order, plaintiff shall either pay the required $350 filing fee or file an application for

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leave to proceed in forma pauperis.

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IT IS SO ORDERED.
DATED: August 11, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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