Garland v. Rackley et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 8/6/2015 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp with the required certification and trust account statement; alternatively, plaintiff may pay the required $400.00 filing fees; 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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CHRISTOPHER C. GARLAND,

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No. 2:15-cv-1560 AC P

Plaintiff,
v.

ORDER

R. J. RACKLEY, et al.,

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Defendants.

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

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42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit1 or paid the

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required filing fee of $350.00 plus the $50.00 administrative fee.2 See 28 U.S.C. §§ 1914(a),

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1915(a). Plaintiff will be accorded the opportunity to submit the appropriate affidavit and

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attachment in support of his request to proceed in forma pauperis, or the required fees totaling

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$400.00.

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Although plaintiff filed a copy of his prison trust account statement effective July 9,
2015, see ECF No. 2, he must provide a certified copy of his prison trust account statement for
the entire six-month period immediately preceding the filing of his complaint. See 28 U.S.C.
§ 1915(a)(2).
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Litigants proceeding in forma pauperis are not required to pay the $50.00 administrative
fee. If plaintiff is granted leave to proceed in forma pauperis, he will still be required to pay the
filing fee but will be allowed to pay it in installments.
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In accordance with the above, IT IS HEREBY ORDERED that:

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

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

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of Court; the certificate portion of the affidavit must be completed by an authorized correctional

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officer, and plaintiff must attach a certified copy of his prison trust account statement for the six-

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month period immediately preceding the filing of his complaint; alternatively, plaintiff may pay

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the required fees in the amount of $400.00.

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2. Plaintiff’s failure to comply with this order will result in a recommendation that this
action be dismissed without prejudice.
3. The Clerk of the Court is directed to send plaintiff, together with a copy of this order, a

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new Application to Proceed In Forma Pauperis By a Prisoner.

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DATED: August 6, 2015

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