Hearne v. Ma et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/22/2016 ORDERING, within 30 days, plaintiff shall submit either the filing fee or a properly completed 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. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHNNY HEARNE,

12

Plaintiff,

13
14

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

v.

ORDER

J. MA, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

17
18

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

19

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

20

trust account statement required by 28 U.S.C. § 1915(a).

21

Plaintiff has neither paid the fee nor submitted a proper application for leave to proceed in

22

forma pauperis. On August 9, 2016, the court granted plaintiff 30 days to submit either the filing

23

fee or the application required by § 1915(a). ECF No. 5. Plaintiff subsequently filed an

24

application for leave to proceed in forma pauperis, but the affidavit is incomplete, and is not

25

accompanied by a certified trust account statement. ECF No. 7.

26

/////

27

/////

28

/////

1

Accordingly, plaintiff has 30 days from the date of service of this order to submit either

2

the filing fee or a properly completed application required by § 1915(a). The Clerk of the Court

3

is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. Failure

4

to comply with this order will result in the dismissal of this action.

5

So ordered.

6

Dated: August 22, 2016.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2