Winters v. Slater

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/11 ordering 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. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner.(Plummer, M)

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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 LARRY DEAN WINTERS, 11 12 13 14 15 16 Plaintiff, No. 2:11-cv-3216 KJN P vs. ALISHA SLATER, Defendant. ORDER / Plaintiff, a state prisoner proceeding without counsel or “pro se”, has filed a civil 17 rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis 18 affidavit or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Therefore, plaintiff 19 will be provided the opportunity either to submit the appropriate affidavit in support of a request 20 to proceed in forma pauperis or to submit the appropriate filing fee. 21 In accordance with the above, IT IS HEREBY ORDERED that: 22 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit 23 in support of his request to proceed in forma pauperis on the form provided by the Clerk of 24 Court, or the appropriate filing fee; any application to proceed in forma pauperis must be 25 prepared on the form provided with this order and must bear the case number assigned to this 26 action; plaintiff’s failure to comply with this order may result in the dismissal of this action; and 1 1 2. The Clerk of the Court is directed to send plaintiff a new Application to 2 Proceed In Forma Pauperis By a Prisoner. 3 DATED: December 13, 2011 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 wint3216.3a 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 LARRY DEAN WINTERS, 8 9 10 Plaintiff, vs. ALISHA SLATER, 11 12 SUBMISSION OF Defendants. IFP or FILING FEE ____________________________________/ 13 14 No. 2:11-cv-3216 KJN P Plaintiff hereby submits the following document in compliance with the court's order filed : 15 ______________ IFP affidavit 16 ______________ The appropriate filing fee 17 DATED: 18 19 Plaintiff 20 21 22 23 24 25 26 3

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