Weaver v. Graves

Filing 3

ORDER signed by Magistrate Judge Craig M. Kellison on 9/28/15 ORDERING that Plaintiff shall submit on the form provided by the Clerk of the Court,within 30 days from the date of this order, a complete application for leave to proceed in forma pauper is, with the required certified copy of his trust account statement, or the appropriate filing fee; The Clerk of the Court is directed to randomly assign a District Judge to this case and to update the docket to reflect the new case number; and The Clerk of the Court is directed to send plaintiff a new form Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,

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Plaintiff,
vs.

ORDER

JESSICA GRAVES,

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Defendant.

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/

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No. 2:15-CV-1957-CMK-P

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983.

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Plaintiff has not filed a complete application to proceed in forma pauperis, along

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with a certified copy of his trust account statement for the six-month period immediately

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preceding the filing of the complaint, or paid the required filing fee. See 28 U.S.C. §§ 1914(a),

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1915(a), (a)(2). Plaintiff will be provided the opportunity to submit either a completed

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application to proceed in forma pauperis or the appropriate filing fee. Plaintiff is warned that

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failure to resolve the fee status of this case within the time provided may result in the dismissal

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of this action for lack of prosecution and failure to comply with court rules and orders. See Local

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Rule 110.
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Pursuant to Eastern District of California Local Rules, this case was not assigned

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to a District Judge when the case was filed. The parties have not consented to Magistrate Judge

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jurisdiction and the court now finds that assignment of a District Judge is necessary to properly

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address the case.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff shall submit on the form provided by the Clerk of the Court,

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within 30 days from the date of this order, a complete application for leave to proceed in forma

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pauperis, with the required certified copy of his trust account statement, or the appropriate filing

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fee;

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2.

The Clerk of the Court is directed to randomly assign a District Judge to

this case and to update the docket to reflect the new case number; and
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The Clerk of the Court is directed to send plaintiff a new form Application

to Proceed In Forma Pauperis By a Prisoner.

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DATED: September 28, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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