Blandino v. Sacramento Sheriff's Department et al
Filing
6
ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/11 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 filing fee ($350.00); and Clerk of the Court is directed to send plaintiff a copy of the non-prisoner in forma pauperis form used by this district.(Dillon, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
ROBERTO X. BLANDINO,
11
Plaintiff,
12
13
No. CIV S-11-2860 DAD P
vs.
SACRAMENTO SHERIFF’S
DEPARTMENT et al.,
14
Defendants.
15
ORDER
/
16
Plaintiff is a former county inmate proceeding pro se. Plaintiff seeks relief
17
pursuant to 42 U.S.C. § 1983, alleging that he was subjected to mistreatment by the named
18
defendants while detained at the Sacramento County Jail, and has filed an application to proceed
19
in forma pauperis under 28 U.S.C. § 1915.
20
Ordinarily, a prisoner-plaintiff is permitted to file a civil action in federal court
21
without prepayment of fees if he alleges in an affidavit that he is unable to pay such fees. See 28
22
U.S.C. § 1915(a). However, here, plaintiff has informed the court by way of a notice of change
23
of address that he is no longer incarcerated. For the court to assess whether plaintiff is entitled to
24
proceed in forma pauperis, he must apply to proceed in forma pauperis under the general
25
provisions of 28 U.S.C. § 1915(a)(1). Accordingly, the court will provide plaintiff with an
26
/////
1
1
opportunity to submit a non-prisoner affidavit in support of his request to proceed in forma
2
pauperis or the required filing fee ($350.00).
3
Accordingly, IT IS HEREBY ORDERED that:
4
1. Within thirty days from the date of service of this order, plaintiff shall submit a
5
non-prisoner affidavit in support of his request to proceed in forma pauperis or the required filing
6
fee ($350.00). Plaintiff is cautioned that failure to comply with this order or seek an extension of
7
time to do so will result in a recommendation that this action be dismissed without prejudice; and
8
9
10
2. The Clerk of the Court is directed to send plaintiff a copy of the non-prisoner
in forma pauperis form used by this district.
DATED: November 22, 2011.
11
12
13
DAD:9
blan2860.ifp
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?