Petillo v. Federal Bureau of Investigations

Filing 9

ORDER signed by Magistrate Judge Deborah Barnes on 2/14/17 ORDERING that within 30 days of the date of this order, plaintiff shall file a completed application to proceed in forma pauperis on the form used by this district. If plaintiff fails to do so, this case may be dismissed.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS PETILLO, JR.,

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Plaintiff,

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No. 2:16-cv-2978 DB P

v.

ORDER

FEDERAL BUREAU OF
INVESTIGATIONS,
Defendant.

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On December 21, 2016, plaintiff, a state prisoner proceeding pro se, filed a civil rights

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action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. In addition, on December 27, 2016, plaintiff filed a copy of his

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prisoner trust fund account statement. Plaintiff did not, however, file his application for leave to

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proceed in forma pauperis on the form used by this district. In an order signed January 3, 2017,

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the court dismissed plaintiff’s application, ordered the Clerk of the Court to provide plaintiff a

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new Application to Proceed In Forma Pauperis by a Prisoner, and ordered plaintiff to file the new

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application within thirty days. The court warned plaintiff that his failure to file the new

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application could result in dismissal of this action.

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The thirty days have passed and plaintiff has not filed a new application to proceed in

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forma pauperis or otherwise responded to the court’s January 3, 2017 order. The court will give

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plaintiff one final opportunity to do so.

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Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order,

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plaintiff shall file a completed application to proceed in forma pauperis on the form used by this

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district. If plaintiff fails to do so, this case may be dismissed.

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Dated: February 14, 2017

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DLB:9
DLB1/prisoner-civil rights/peti2978.fifp

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