Davis v. California Department of Corrections and Rehabilitation

Filing 16

ORDER signed by Magistrate Judge Dale A. Drozd on 3/21/2015 DENYING without prejudice plaintiff's 4 motion for a transfer; plaintiff shall submit, within 30 days, either the $350.00 filing fee plus the $50.00 administrative fee or a propoerly completed ifp application; and the Clerk shall send plaintiff an ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONNOR ALBERT DAVIS,

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No. 2:14-cv-2182 WBS DAD P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,

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Defendants.

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Plaintiff, a county jail inmate proceeding pro se, has filed a civil rights action pursuant to
42 U.S.C. § 1983.
This court previously ordered plaintiff to file a complaint that complies with the

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requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of

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Practice. The court also ordered plaintiff to file an application to proceed in forma pauperis or the

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filing fee in the amount of $400.00. Although plaintiff has filed an amended complaint, a second

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amended complaint, and a motion for a transfer, he has not filed an application to proceed in

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forma pauperis or the filing fee. Again, this court will not issue any orders granting or denying

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relief until plaintiff properly commences this action. Therefore, the court will deny plaintiff’s

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motion for a transfer without prejudice. In the interest of justice, the court will grant plaintiff a

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final thirty days to file an application to proceed in forma pauperis or the filing fee.
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Plaintiff is cautioned that the in forma pauperis application form includes a section that

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must be completed by a county jail official, and the form must be accompanied by a certified

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copy of plaintiff’s trust account statement for the six-month period immediately preceding the

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filing of this action.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for a transfer (Doc. No. 4) is denied without prejudice;

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2. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00

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filing fee plus the $50.00 administrative fee or a properly completed application to proceed in

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forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply

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with this order or to seek an extension of time to do so if necessary will result in a

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recommendation for dismissal of this action without prejudice; and

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3. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma

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Pauperis By a Prisoner for use in a civil rights action.

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Dated: March 21, 2015

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DAD:9
davi2182.3a

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