Lowe v. Superior Court of California San Joaquin County Stockton California

Filing 6

ORDER signed by Magistrate Judge Craig M. Kellison on 4/20/2017 ORDERING plaintiff to submit an IFP form or the appropriate filing fee within 30 days from the date of this order. (Henshaw, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD LOWE, 12 13 14 No. 2:16-cv-1176-GEB-CMK-P Plaintiff, vs. ORDER 15 SUPERIOR COURT OF CALIFORNIA SAN JOAQUIN COUNTY STOCKTON CALIFORNIA, 16 Defendant. 17 / 18 19 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. 20 Plaintiff has not filed a complete application to proceed in forma pauperis, along 21 with a certified copy of his trust account statement for the six-month period immediately 22 preceding the filing of the complaint, or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 23 1915(a), (a)(2). Specifically, plaintiff’s application is not signed by plaintiff. Plaintiff will be 24 provided the opportunity to submit either a completed application1 to proceed in forma pauperis 25 1 26 The court notes, however, that plaintiff did attach a certified copy of his trust account statement. Thus, he need only submit a signed application. 1 1 or the appropriate filing fee. Plaintiff is warned that failure to resolve the fee status of this case 2 within the time provided may result in the dismissal of this action for lack of prosecution and 3 failure to comply with court rules and orders. See Local Rule 110. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Plaintiff shall submit on the form provided by the Clerk of the Court, 6 within 30 days from the date of this order, a complete application for leave to proceed in forma 7 pauperis, or the appropriate filing fee; and 8 9 2. The Clerk of the Court is directed to send plaintiff a new form Application to Proceed In Forma Pauperis By a Prisoner. 10 11 12 13 DATED: April 20, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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