Black v. Rowland

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/17 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a properly completed 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; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

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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 BARNELL BLACK, Sr., 12 No. 2:17-cv-0006 KJN P Plaintiff, 13 v. 14 T. ROWLAND, 15 ORDER 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 a properly completed in forma pauperis affidavit 19 or paid the required filing fee of $350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. 20 §§ 1914(a), 1915(a). Therefore, plaintiff will be provided the opportunity either to submit a 21 properly completed affidavit in support of a request to proceed in forma pauperis or to submit the 22 required fees totaling $400.00. Plaintiff is cautioned that the in forma pauperis application form includes a section that 23 24 must be completed by a prison official, and the form must be accompanied by a certified copy of 25 //// 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 plaintiff’s prison trust account statement for the six-month period immediately preceding the 2 filing of this action. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Plaintiff shall submit, within thirty days from the date of this order, a properly 5 completed affidavit in support of his request to proceed in forma pauperis on the form provided 6 by the Clerk of Court, or the required fees in the amount of $400.00; plaintiff’s failure to comply 7 with this order will result in a recommendation that this action be dismissed; and 8 9 10 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. Dated: January 10, 2017 11 12 13 /blac0006.3a 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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