Bozeman v. California Health Care Facility

Filing 9

ORDER signed by Magistrate Judge Dale A. Drozd on 7/17/15 ORDERING that Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee plus the $50.00 administrative fee or a properly completed application to proceed in forma pauperis on the form provided with this order; and 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.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVE BOZEMAN,

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Plaintiff,
v.

ORDER

CALIFORNIA HEALTH CARE
FACILITY,
Defendant.

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No. 2:15-cv-1408 DAD P

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 plus the $50.00

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administrative fee nor has he filed a properly-completed application to proceed in forma pauperis.

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See 28 U.S.C. §§ 1914(a) & 1915(a). Plaintiff will be granted thirty days to pay the filing fee in

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full or submit a properly completed application to proceed in forma pauperis.

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The court notes that plaintiff has filed a certified copy of his prison trust account statement

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for the six-month period immediately preceding the filing of this action (ECF No. 1-2 at 1) and a

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certificate regarding funds in his trust account that has been signed by a prison official (id. at 2).

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Accordingly, plaintiff need not re-submit these portions of his application to proceed in forma

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pauperis.

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

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1. 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 seek an extension of time to do so will result in dismissal of this action without

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prejudice; and

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2. 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: July 17, 2015

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DAD:10/kly
boze1408.3a

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