Hunter v. Do-Williams, et al.

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/15 ORDERING that within 21 days from the date of this order, plaintiff shall submit the appropriate filing fee. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HAROLD HUNTER,

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No. 2:15-cv-1971 KJN P

Plaintiff,
v.

ORDER

DOROTHY H. DO-WILLIAMS, et al.,
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 consented to magistrate judge jurisdiction for all purposes pursuant

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to 28 U.S.C. § 636(c) and Local Rule 305(a). (See ECF No. 10.)

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Plaintiff has filed an in forma pauperis affidavit accompanied by (i) a certificate providing

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that his average monthly trust account balance for the past six months was $748.73, and (ii) a

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certified copy of his inmate trust account statement showing a balance, as of October 9, 2015, of

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$1695.34. (See ECF No. 12 at 3-4.)

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Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action

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in federal district court. 28 U.S.C. § 1914(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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Plaintiff has made an inadequate showing of indigency in the affidavit before the court. Plaintiff
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will therefore be granted twenty-one days in which to submit the appropriate filing fee to the

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Clerk of the Court. Plaintiff is cautioned that failure to pay the fee will result in an order 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 fee.

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Dated: December 14, 2015

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hunt1971.3b.new

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