Farley v. Virga et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/13 ordering that within 30 days of the date of this order, plaintiff shall file a complaint; within 30 days plaintiff shall either pay the filing fee or file an application to proceed in fo rma pauperis; if plaintiff is unable to comply with this order due to inadequate law library access, within 30 days of the date of this order, plaintiff shall file a motion requesting law library access containing the information discussed above. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM D. FARLEY, 12 No. 2: 13-cv-1751 KJN P Plaintiff, 13 v. 14 T. VIRGA, et al., 15 ORDER Defendants. 16 17 By order filed August 29, 2013, plaintiff was directed to file a complaint within thirty 18 days in order to properly commence this action. Plaintiff was also ordered to either pay the filing 19 fee or file an application to proceed in forma pauperis within thirty days. Thirty days passed and 20 plaintiff did not file a complaint or an application to proceed in forma pauperis. Plaintiff also did 21 not pay the filing fee. 22 On September 3, 2013, plaintiff filed a letter with the court stating that he was being 23 denied access to the law library, copying services, etc. Accordingly, the court will grant plaintiff 24 an additional thirty days to comply with the August 29, 2013 order. If plaintiff is still unable to 25 prepare a complaint and/or an application to proceed in forma pauperis due to inadequate law 26 library access, plaintiff shall inform the court. Plaintiff shall notify the court of the dates he 27 requested law library access, the names of the prison officials who denied him law library access, 28 and the reasons given for denying him law library access. 1 1 Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order, 2 plaintiff shall file a complaint; within thirty days plaintiff shall either pay the filing fee or file an 3 application to proceed in forma pauperis; if plaintiff is unable to comply with this order due to 4 inadequate law library access, within thirty days of the date of this order, plaintiff shall file a 5 motion requesting law library access containing the information discussed above. 6 Dated: October 17, 2013 7 8 far1751.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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