Spears et al v. El Dorado County Sheriff's Department et al

Filing 17

ORDER signed by Magistrate Judge Allison Claire on 5/26/2015 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the required $400.00 fees; and the Clerk shall send plaintiff a new ifp application.(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BRIAN SPEARS,

12

Plaintiff,

13
14
15

No. 2:15-cv-0165 AC P

v.

ORDER

EL DORADO COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

16
17

Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42

18
19

U.S.C. § 1983. This action was commenced with a complaint filed by four plaintiffs. On April 9,

20

2015, the court dismissed the original complaint and severed the action, directing each plaintiff to

21

file a new motion to proceed in forma pauperis and an amended complaint representing their

22

individual claims. ECF No. 12. Although the cases are related, see ECF No. 14, each plaintiff

23

must proceed in his own case.
On May 11, 2015, plaintiff Spears filed a First Amended Complaint. See ECF No. 16.

24
25

However, plaintiff has not filed a new in forma pauperis affidavit or paid the required filing fee of

26

$350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff will be

27
28

1

If leave to file in forma pauperis is granted, plaintiff will still be required to pay the filing fee
but will be allowed to pay it in installments. Litigants proceeding in forma pauperis are not
1

1

provided the opportunity to submit the appropriate affidavit in support of a request to proceed in

2

forma pauperis or to pay the required fees totaling $400.00.

3

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

4

1. Plaintiff shall, within thirty days from the filing date of this order, submit an affidavit

5

in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court,

6

or the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will

7

result in the dismissal of this action without prejudice; and

8
9
10

2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.
DATED: May 26, 2015

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

required to pay the $50.00 administrative fee.
2