O'Keefe v. Cate

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/11 ORDERING that plaintiff shall submit, within 30 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; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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Plaintiff,

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No. 2:11-cv-2659 KJN P

vs.
MATTHEW CATE,

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Defendant.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the

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required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Therefore, plaintiff will be provided the

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opportunity either to submit the appropriate affidavit in support of a request to proceed in forma

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pauperis or to submit the appropriate filing fee.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit

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in support of his request to proceed in forma pauperis on the form provided by the Clerk of

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Court, or the appropriate filing fee; plaintiff’s failure to comply with this order will result in the

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dismissal of this action; and

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2. The Clerk of the Court is directed to send plaintiff a new Application to

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Proceed In Forma Pauperis By a Prisoner.

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DATED: October 19, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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cate2659.3a

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