Dial v. Heatley et al

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/25/12 ordering plaintiff shall submit within 30 days from the date of this order an application to proceed in forma pauperis on the form provided by the clerk of the court or the appropriate filing fee. The clerk of the court is directd to send to plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, 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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RODNEY DIAL,

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Plaintiff,

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No. 2:12-cv-2569 GGH P

vs.

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SCOTT HEATLEY, et al.,

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Defendants.

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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). Plaintiff will be provided the opportunity

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

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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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/////
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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 25, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:mp

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dial2569.3a

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