Flores v. Lee et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 2/08/17 ordering plaintiff shall, within 21 days after the filing date of this order, submit: (1) an affidavit in support of his request to proceed in forma pauperis on the form provided herewith by the Clerk of Court, OR (2) the required fees in the amount of $400.00. Plaintiff's request for the appointment of counsel 4 is denied without prejudice. The Clerk of the Court is directed to send plaintiff a new Application to Proceed InForma Pauperis By a Prisoner. (Plummer, M) Modified on 2/9/2017 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY FLORES,

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No. 2:16-cv-2947 AC P

Plaintiff,
v.

ORDER

B. LEE, et al.,
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, alleging deliberate indifference to his serious medical needs. Plaintiff has

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consented to the jurisdiction of the undersigned Magistrate Judge for all purposes pursuant to 28

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U.S.C. § 636(c), and Local Rule 305(a). See ECF No. 4.

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Plaintiff has not filed an in forma pauperis affidavit or paid the required filing fee, which

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is required to commence this action. See 28 U.S.C. §§ 1914(a), 1915(a). By order filed

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December 29, 2016, plaintiff was informed that failure to submit an application to proceed in

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forma pauperis or the filing fee, within thirty days, would result in the dismissal of this action.

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See ECF No. 3. That deadline has passed. Plaintiff may have abandoned this action because he

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has obtained his requested medical care; if this is true, plaintiff should so inform the court.

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Meanwhile, due to the seriousness of plaintiff’s allegations, the court will accord him additional

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time – 21 days from the filing date of this order – to submit an in forma pauperis application or to
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pay the filing fee. No further extensions of time will be granted.
Finally, on the form providing plaintiff’s consent to the jurisdiction of the undersigned

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magistrate judge, plaintiff requests appointment of counsel. See ECF No. 4. This is an

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inappropriate method for requesting appointment of counsel. Should this action proceed, and

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should plaintiff seek appointment of counsel, he must file a separate request. See Palmer v.

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Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (appointment of counsel may be made only in

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exceptional circumstances that include an evaluation of the plaintiff’s ability to articulate his

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claims pro se and his likelihood of success).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall, within 21 days after the filing date of this order, submit: (1) an affidavit

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in support of his request to proceed in forma pauperis on the form provided herewith by the Clerk

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of Court, OR (2) the required fees in the amount of $400.00.

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2. Failure to timely comply with this order will result in the dismissal of this action
without prejudice.

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3. Plaintiff’s request for appointment of counsel, ECF No. 4, is denied without prejudice.

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4. 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: February 8, 2017

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