Benyamini v. Swett et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/22/2013 ORDERING that plaintiff has 30 days to submit either the filing fee or the application required by § 1915(a); the Clerk shall mail plaintiff an application to proceed ifp by a non-prisoner. Failure to comply will result in a recommendation that this action be dismissed.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,
Plaintiff,

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vs.

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No. 2:13-cv-0735 EFB P

M. SWETT, et al.,

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Defendants.

ORDER
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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. To proceed with a civil action a plaintiff must pay the $350 filing fee required

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by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915(a). Plaintiff has neither paid the fee nor submitted an application for leave to proceed in

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forma pauperis.

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Accordingly, plaintiff has 30 days from the date of service of this order to submit either

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the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail

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to plaintiff a form application for leave to proceed in forma pauperis by a non-prisoner. Failure

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to comply with this order will result in a recommendation that this action be dismissed.

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So ordered.
Dated: April 22, 2013.