Robinson v. Jeffery

Filing 9

ORDER signed by Magistrate Judge Dale A. Drozd on 01/27/14 denying 2 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order, a non-prisoner affidavit in support of his request to proceed in forma pauperis or the required filing fee ($350.00 plus a $50.00 administrative fee). The clerk of the court shall send plaintiff a copy of the non-prisoner in forma pauperis form used by this district. (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 EUGENIA ROBINSON, 12 13 14 15 No. 2:13-1884 KJM DAD P Plaintiff, v. ORDER JESSIE JEFFREY, Defendants. 16 17 18 19 Plaintiff, a former county jail inmate proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. He has also filed a motion to proceed in forma pauperis. Plaintiff commenced this action while incarcerated. However, before the court had an 20 opportunity to screen his complaint and rule on his motion to proceed in forma pauperis, plaintiff 21 filed a notice of change of address informing the court that he is no longer incarcerated. 22 Ordinarily, a prisoner-plaintiff is permitted to file a civil action in federal court without 23 prepayment of fees if he alleges in an affidavit that he is unable to pay such fees. See 28 U.S.C. § 24 1915(a). However, in this case, in order for the court to now assess whether plaintiff is entitled to 25 proceed in forma pauperis, he must apply to proceed in forma pauperis under the general 26 provisions of 28 U.S.C. § 1915(a)(1). Accordingly, the court will provide plaintiff with an 27 opportunity to submit an affidavit for use by non-prisoners in support of his request to proceed in 28 forma pauperis or the required filing fee ($350.00 plus a $50.00 administrative fee). 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied as moot; 3 2. Plaintiff shall submit, within thirty days from the date of this order, a non-prisoner 4 affidavit in support of his request to proceed in forma pauperis or the required filing fee ($350.00 5 plus a $50.00 administrative fee). Plaintiff is cautioned that failure to comply with this order will 6 result in a recommendation that this action be dismissed without prejudice. In the alternative, if 7 plaintiff no longer wishes to proceed with this case, he may file a request to voluntarily dismiss 8 this action without prejudice; and 9 3. The Clerk of the Court is directed to send plaintiff a copy of the non-prisoner in forma 10 pauperis form used by this district. 11 Dated: January 27, 2014 12 13 14 DAD:9 robi1884.ifp 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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