Turner v. Riaz et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 5/23/2016 ORDERING, within 30 days, plaintiff shall submit an affidavit to proceed ifp or the required fees in the amount of $400.00; and the Clerk shall send plaintiff a new ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAFONZO R. TURNER,

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No. 2:16-cv-0969 AC P

Plaintiff,

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v.

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N. RIAZ, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the

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required filing fee of $350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. §§ 1914(a),

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1915(a). Plaintiff will be provided the opportunity to either submit the appropriate affidavit in

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support of a request to proceed in forma pauperis or to submit the required fees totaling $400.00.
Plaintiff is cautioned that the in forma pauperis application form includes a section that

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must be completed by a prison official, and the form must be accompanied by a certified copy of

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plaintiff’s prison trust account statement for the six-month period immediately preceding the

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filing of this action.

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If leave to proceed in forma pauperis is granted, plaintiff will be required to pay the filing fee
but allowed to pay it in installments. Litigants proceeding in forma pauperis are not required to
pay the $50.00 administrative fee.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall, within thirty days after the filing date of this order, submit an affidavit

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in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court,

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or the required fees in the amount of $400.00.

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.
3. Plaintiff’s failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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DATED: May 23, 2016

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