Nunez v. Porter, et al

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/12 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; and 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 CURTIS NUNEZ, JR., 11 Plaintiff, vs. 12 13 No. 2:12-cv-2775 KJN P K.M. PORTER, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding without counsel or “pro se,” has filed a civil 16 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 23 affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk 24 of Court, or the appropriate filing fee; plaintiff’s failure to comply with this order will result in 25 the dismissal of this action; and 26 //// 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: November 14, 2012 4 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 9 10 nune2775.3a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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