Corral v. Folsom State Prison

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 4/27/15 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, either the $350.00 filing fee plus the $50.00 administrative fee or a properly completed appli cation to proceed in forma pauperis on the form provided with this order; Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. Plaintiff's "Motion for a U.S. Marshal to Serve & Summon all Parties in his Federal lawsuit" (ECF No. 2 ) is DENIED. (Dillon, 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 DYLAN CORRAL, 12 13 14 15 No. 2:15-cv-0829 DAD P Plaintiff, v. ORDER FOLSOM STATE PRISON, Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 plus the $50.00 19 administrative fee nor has he filed an application to proceed in forma pauperis. See 28 U.S.C. 20 §§ 1914(a) & 1915(a). Plaintiff will be granted thirty days to pay the filing fee in full or submit a 21 properly completed application to proceed in forma pauperis. 22 Plaintiff is cautioned that the in forma pauperis application form includes a section that 23 must be completed by a prison official, and the form must be accompanied by a certified copy of 24 plaintiff’s prison trust account statement for the six-month period immediately preceding the 25 filing of this action. 26 Finally, plaintiff has filed a document entitled “Motion for a U.S. Marshal to Serve & 27 Summon all Parties in his Federal lawsuit.” (ECF No. 2.) Plaintiff is advised that the court is 28 required to screen any “complaint in a civil action in which a prisoner seeks redress from a 1 1 governmental entity or officer or employee of a governmental entity” before ordering service on 2 any defendant. 28 U.S.C. § 1915A. Therefore, plaintiff’s motion will be denied. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 5 filing fee plus the $50.00 administrative fee or a properly completed application to proceed in 6 forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply 7 with this order or seek an extension of time to do so will result in dismissal of this action without 8 prejudice. 9 10 11 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. 3. Plaintiff’s “Motion for a U.S. Marshal to Serve & Summon all Parties in his Federal 12 lawsuit” (ECF No. 2) is denied. 13 Dated: April 27, 2015 14 15 16 17 18 DAD:10/md corr0829.3a 19 20 21 22 23 24 25 26 27 28 2

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