Barger v. Director of OPS of CDCR

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/2/2015 ORDERING plaintiff to submit, within 30 days, a request to proceed ifp, or the required fees in the amount of $400.00; and the Clerk shall send plaintiff a new 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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GARY DALE BARGER,

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Plaintiff,

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No. 2:15-cv-0221 CKD P

v.

ORDER

CDCR,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed what the court construes as an action

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for violation of civil rights pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed a

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request to proceed in forma pauperis or paid the required filing fee of $350.00 plus the $50.00

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administrative fee.1 See 28 U.S.C. §§ 1914(a), 1915(a). Good cause appearing, IT IS HEREBY

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ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, a request to

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proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the

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amount of $400.00; plaintiff’s failure to comply with this order will result in a recommendation

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that this action be dismissed; and

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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
required to pay the $50.00 administrative fee.
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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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Dated: February 2, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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barg0221.3a

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