Langston v. Karl

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 10/17/2016 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the $400.00 required fees; and the Clerk shall send plaintiff a new ifp application. (Yin, K) Modified on 10/17/2016 (Yin, K).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WALTER SHANE LANGSTON, 12 Plaintiff, 13 14 No. 2:16-cv-2357 AC P v. ORDER G. KARL, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the 19 required filing fee of $350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. §§ 1914(a), 20 1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in 21 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 22 23 must be completed by a prison official, and the form must be accompanied by a certified copy of 24 plaintiff’s prison trust account statement for the six-month period immediately preceding the 25 filing of this action. 26 27 28 1 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. 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 3 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 4 the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result 5 in a recommendation that this action be dismissed; and 6 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 7 Forma Pauperis By a Prisoner. 8 DATED: October 17, 2016 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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