Reyes v. Bello

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 9/30/2017 ORDERING plaintiff to submit, within 30 days, either the fees in the amount of $400.00 or a properly completed ifp application. The Clerk shall send plaintiff an ifp application.(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 SHANE MYRON REYES, 12 Plaintiff, 13 v. 14 No. 2:17-cv-0032 DB P BELLO, 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 paid the required filing fee of $350.00 plus the $50.00 19 administrative fee nor has he filed an application to proceed in forma pauperis. See 28 U.S.C. §§ 20 1914(a) & 1915(a). In lieu of a motion to proceed in forma pauperis, plaintiff filed a note stating 21 that he is “still patiently waiting for this facility to return IN FORMA PAUPERIS certificate of 22 account, which is $0 shall the need arise.” (ECF No. 2.) Plaintiff will be granted thirty days to 23 pay the filing fee in full or submit a properly completed application to proceed in forma pauperis. Plaintiff is cautioned that the in forma pauperis application form includes a section that 24 25 must be completed by a prison official, and the form must be accompanied by a certified copy of 26 plaintiff’s prison trust account statement for the six-month period immediately preceding the 27 filing of this action. 28 //// 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, either the $350.00 3 filing fee plus the $50.00 administrative fee or a properly completed application to proceed in 4 forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply 5 with this order or seek an extension of time to do so will result in dismissal of this action without 6 prejudice; and 7 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma 8 Pauperis By a Prisoner for use in a civil rights action. 9 Dated: September 30, 2017 10 11 12 13 14 TIM-DLB:10 DB / ORDERS / ORDERS.PRISONER.CIVIL.RIGHTS/ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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