Driver v. Kelso et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/15/11 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application to proceed in forma pauperis. The Clerk is directed to mail to plaintiff the application form for leave to proceed in forma pauperis. (Kastilahn, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DRIVER, Plaintiff, 11 vs. 12 13 J. CLARK KELSO, et al., Defendants. 14 ORDER / 15 Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. 16 17 No. CIV S-11-2397 EFB P See 42 U.S.C. §1983. 18 To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 19 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust 20 account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor submitted a proper application for leave to proceed 21 22 in forma pauperis. Accordingly, plaintiff has 30 days from the date of service of this order to submit either 23 24 the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail 25 //// 26 //// 1 1 to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this 2 order will result in a recommendation that this action be dismissed. 3 4 So ordered. DATED: September 15, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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