Crisp v. Duffy et al

Filing 13

ORDER signed by Magistrate Judge Deborah Barnes on 6/19/2017 ORDERING within 30 days, plaintiff shall either (a) submit an updated ifp application; or (b) pay the $400.0 fee in full. Failure to submit an updated application or pay the filing fee will result in dismissal of this action without prejudice for failure to prosecute and failure to obey a court order. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OBIE L. CRISP, III, 12 13 14 No. 2:16-cv-0288 DB P Plaintiff, v. ORDER BRIAN DUFFY, et al., 15 Defendants. 16 17 18 19 Plaintiff is a former state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff seeks leave to proceed in forma pauperis (“IFP”) in this case. While he was incarcerated, plaintiff submitted a declaration that makes the showing 20 required by 28 U.S.C. § 1915(a). However, plaintiff’s change of address filed on June 5, 2017 21 indicates that plaintiff is no longer incarcerated. If plaintiff still wishes to proceed IFP, he must 22 submit an updated application under § 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 398 23 (4th Cir. 2003); Adler v. Gonzalez, No. 1:11-cv-1915-LJO-MJS (PC), 2015 WL 4041772, at *2 24 (E.D. Cal. July 1, 2015), report and reco. adopted, 2015 WL 4668668 (E.D. Cal. Aug. 6, 2015). 25 Accordingly, IT IS HEREBY ORDERED as follows: 26 1. 27 28 Within 30 days of the date of this order, plaintiff shall either a. Submit an updated application to proceed IFP in accordance with 28 U.S.C. 1915(a)(1); or 1 1 2 3 4 b. Pay the $400 filing fee in full. 2. Failure to submit an updated application or pay the filing fee will result in dismissal of this action without prejudice for failure to prosecute and failure to obey a court order. Dated: June 19, 2017 5 6 7 8 9 10 11 DLB:9 DLB1/prisoner-civil rights/cris0288.ifp update 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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