McKnight v. Unknown

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 12/02/16 ordering plaintiff shall submit within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court or the required fees in the amount of $400.00. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD EUGENE MCKNIGHT,

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Plaintiff,

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No. 2:16-cv-2312 KJN P

v.

ORDER

UNKNOWN,

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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 application to proceed in forma pauperis.1 See

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28 U.S.C. §§ 1914(a), 1915(a). Therefore, plaintiff will be provided the opportunity either to

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submit the appropriate affidavit in support of a request to proceed in forma pauperis or to submit

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the required fees totaling $400.00.

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Plaintiff has provided a certified trust account statement. (ECF No. 7.)

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Plaintiff is cautioned that failure to provide the application form or pay the filing fee will

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result in the dismissal of this action.

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If leave to file in forma pauperis is granted, plaintiff will still be required to pay the filing fee
but will be 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 submit, within thirty days from the date of this order, an affidavit in

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

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the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result

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in the dismissal of this action; and

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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Dated: December 2, 2016

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/mckn2312.3a

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