Washington v. Essex et al

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 1/7/13 ORDERING that plaintiff shall submit, within 30 days from the date of this order, either the $350.00 filing fee or a properly completed application to proceed in forma pauperis on the form provided with this order; and Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.(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 TRACYE BENARD WASHINGTON, 11 Plaintiff, 12 vs. 13 No. 2:12-cv-03054 DAD P C. ESSEX, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 or filed an 18 application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a) & 1915(a). Plaintiff will be 19 granted thirty days to pay the filing fee in full or submit a properly completed application to 20 proceed in forma pauperis. 21 Plaintiff is cautioned that the in forma pauperis application form includes a 22 section that must be completed by a prison official, and the form must be accompanied by a 23 certified copy of plaintiff’s prison trust account statement for the six-month period immediately 24 preceding the filing of this action. 25 ///// 26 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within thirty days from the date of this order, either the 3 $350.00 filing fee or a properly completed application to proceed in forma pauperis on the form 4 provided with this order; plaintiff is cautioned that failure to comply with this order or seek an 5 extension of time to do so will result in a recommendation that this action be dismissed without 6 prejudice; and 7 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed 8 In Forma Pauperis By a Prisoner for use in a civil rights action. 9 DATED: January 7, 2013. 10 11 12 13 14 DAD:mp wash3054.3a 15 16 17 18 19 20 21 22 23 24 25 26 2

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