Hearne v. Ma et al

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/8/16 ORDERING that plaintiff has 30 days from the date of service of this order to submit eitherthe filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this order will result in dismissal of this action.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNNY HEARNE,

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Plaintiff,

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No. 2:16-cv-1775-EFB P

v.

ORDER

J. MA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. To proceed with a civil action a plaintiff must pay the $400 filing fee required by

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28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and

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trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor

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submitted a proper application for leave to proceed in forma pauperis.1
Accordingly, plaintiff has 30 days from the date of service of this order to submit either

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the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail

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Plaintiff submitted a trust account statement, but it was neither certified nor
accompanied by the required affidavit.

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to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this

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order will result in dismissal of this action.

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So ordered.
Dated: August 8, 2016.

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