Turner v. California Departement of Corrections & Rehabilitation

Filing 31

ORDER signed by Magistrate Judge Deborah Barnes on 06/20/17 ordering within 30 days of the date of this order, plaintiff shall either a. Submit and updated application to proceed IFP in accordance with 28 USC 1915(a)(1); or b. Pay the remaining $31.69 of the filing fee plus the $50.00 administrative fee for a total of $81.89. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH DUANE TURNER,

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Plaintiff,

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No. 2:15-cv-1584 DB P

v.

ORDER

CALIFORNIA DEPT. OF
CORRECTIONS AND REHAB., et al.,
Defendants.

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis with a civil

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rights action under 42 U.S.C. § 1983. In an order filed May 6, 2016, the court granted plaintiff’s

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request to proceed in forma pauperis. (ECF No. 21.) On June 14, 2017, plaintiff filed a first

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amended complaint. (ECF No. 30.) Plaintiff’s address on that complaint indicates that he is no

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longer incarcerated. If plaintiff wishes to continue proceeding in forma pauperis, he must submit

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an updated application under § 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 398 (4th Cir.

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2003); Adler v. Gonzalez, No. 1:11-cv-1915-LJO-MJS (PC), 2015 WL 4041772, at *2 (E.D. Cal.

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July 1, 2015), report and reco. adopted, 2015 WL 4668668 (E.D. Cal. Aug. 6, 2015).

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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Within 30 days of the date of this order, plaintiff shall either

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a. Submit an updated application to proceed IFP in accordance with 28 U.S.C.

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1915(a)(1); or
b. Pay the remaining $31.89 of the filing fee1 plus the $50 administrative fee for a

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total $81.89.

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2. Failure to submit an updated application or pay the filing and administrative fees may

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result in a recommendation that this action be dismissed without prejudice for failure

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to prosecute and failure to obey a court order.

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Dated: June 20, 2017

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DLB:9
DLB1/prisoner-civil rights/turn1584.ifp update

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According to the court’s records, plaintiff has paid $318.11 of the $350 filing fee.
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