Sloan v. Commissioner of the Department of Corrections and Rehabilitation et al

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 03/02/16 ordering that within 21 days from the date of this order, plaintiff shall submit the appropriate filing and administrative fees totaling $400.00 to the clerk of the court. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNNY LEE SLOAN, JR.,

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Plaintiff,

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No. 2:15-cv-1921 MCE AC P

v.

ORDER

COMMISSIONER OF THE
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,

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Defendants.

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Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has filed an in forma pauperis affidavit and certified prison trust account

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statement that shows he currently has $8,997.67 in his account. ECF No. 9.
In order to commence an action, plaintiff must file a complaint as required by Rule 3 of

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the Federal Rules of Civil Procedure and either pay both the $350.00 filing fee and the $50.00

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administrative fee for a civil action or file an application requesting leave to proceed in forma

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pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the commencement of an

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action “without prepayment of fees or security therefor” by an individual who submits an

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affidavit evidencing an inability to pay such fees or give security therefor. 28 U.S.C. § 1915(a).

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Litigants proceeding in forma pauperis are not required to pay the $50.00 administrative fee.
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Plaintiff has made an inadequate showing of indigency in the affidavit before the court. He will

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therefore be granted twenty-one days in which to submit the appropriate filing fee to the Clerk of

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the Court. Plaintiff is cautioned that failure to pay the fee will result in a recommendation that the

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application to proceed in forma pauperis be denied and the instant action be dismissed without

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prejudice.

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Accordingly, IT IS HEREBY ORDERED that, within twenty-one days from the date of

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this order, plaintiff shall submit the appropriate filing and administrative fees totaling $400 to the

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Clerk of the Court.

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DATED: March 2, 2016

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