Overton v. Assets of Michael L. Overton

Filing 8

ORDER signed by Magistrate Judge John F. Moulds on 6/25/12 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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LOUIS OVERTON, 11 12 Plaintiff, No. 2:12-cv-1574 JFM P vs. 13 ASSETS OF MICHAEL L. OVERTON, 14 Defendant. 15 16 ORDER / Plaintiff, a state prisoner proceeding pro se, commenced a civil action in the 17 United States District Court for the Northern District of California (Northern District) by filing 18 two motions in that court. By order filed June 12, 2012, the action was transferred to this court. 19 The record reflects that on April 24, 2012, the Clerk of the Court in the Northern District issued a 20 notice informing plaintiff that the action was deficient because he had neither paid the filing fee 21 nor filed an application to proceed in forma pauperis, and warning plaintiff that a response to the 22 notice was due within thirty days. The record contains no response to that notice. 23 Good cause appearing, plaintiff will be granted one additional period of thirty 24 days from the date of this order either to submit the appropriate affidavit in support of a request 25 to proceed in forma pauperis or to submit the appropriate filing fee. Failure to comply with this 26 order will result in a recommendation that this action be dismissed. 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit 3 in support of his request to proceed in forma pauperis on the form provided by the Clerk of 4 Court, or the appropriate filing fee; any application to proceed in forma pauperis must be 5 prepared on the form provided with this order and must bear the case number assigned to this 6 action; plaintiff’s failure to comply with this order may result in the dismissal of this action; and 7 2. The Clerk of the Court is directed to send plaintiff a new Application to 8 Proceed In Forma Pauperis By a Prisoner. 9 DATED: June 25, 2012. 10 11 12 13 14 12 over1574.3a 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 MICHAEL LOUIS OVERTON, 8 9 Plaintiff, No. 2:12-cv-1574 JFM P vs. 10 ASSETS OF MICHAEL L. OVERTON, SUBMISSION OF 11 Defendant. IFP or FILING FEE 12 ____________________________________/ 13 14 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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