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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EUGENIA ROBINSON,

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No. 2:13-1884 KJM DAD P

Plaintiff,
v.

ORDER

JESSIE JEFFREY,
Defendants.

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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

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opportunity to screen his complaint and rule on his motion to proceed in forma pauperis, plaintiff

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filed a notice of change of address informing the court that he is no longer incarcerated.

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Ordinarily, a prisoner-plaintiff is permitted to file a civil action in federal court without

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prepayment of fees if he alleges in an affidavit that he is unable to pay such fees. See 28 U.S.C. §

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1915(a). However, in this case, in order for the court to now assess whether plaintiff is entitled to

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proceed in forma pauperis, he must apply to proceed in forma pauperis under the general

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provisions of 28 U.S.C. § 1915(a)(1). Accordingly, the court will provide plaintiff with an

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opportunity to submit an affidavit for use by non-prisoners in support of his request to proceed in

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forma pauperis or the required filing fee ($350.00 plus a $50.00 administrative fee).
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) is denied as moot;

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2. Plaintiff shall submit, within thirty days from the date of this order, a non-prisoner

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affidavit in support of his request to proceed in forma pauperis or the required filing fee ($350.00

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plus a $50.00 administrative fee). Plaintiff is cautioned that failure to comply with this order will

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result in a recommendation that this action be dismissed without prejudice. In the alternative, if

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plaintiff no longer wishes to proceed with this case, he may file a request to voluntarily dismiss

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this action without prejudice; and

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3. The Clerk of the Court is directed to send plaintiff a copy of the non-prisoner in forma

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pauperis form used by this district.

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Dated: January 27, 2014

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DAD:9
robi1884.ifp

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