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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHANE MYRON REYES,

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Plaintiff,

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v.

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No. 2:17-cv-0032 DB P

BELLO,

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ORDER

Defendant.

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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. Plaintiff has not paid the required filing fee of $350.00 plus the $50.00

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administrative fee nor has he filed an application to proceed in forma pauperis. See 28 U.S.C. §§

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1914(a) & 1915(a). In lieu of a motion to proceed in forma pauperis, plaintiff filed a note stating

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that he is “still patiently waiting for this facility to return IN FORMA PAUPERIS certificate of

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account, which is $0 shall the need arise.” (ECF No. 2.) Plaintiff will be granted thirty days to

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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

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must be completed by a prison official, and the form must be accompanied by a certified copy of

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plaintiff’s prison trust account statement for the six-month period immediately preceding the

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filing of this action.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00

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filing fee plus the $50.00 administrative fee or a properly completed application to proceed in

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forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply

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with this order or seek an extension of time to do so will result in dismissal of this action without

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prejudice; and

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2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma

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Pauperis By a Prisoner for use in a civil rights action.

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Dated: September 30, 2017

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TIM-DLB:10
DB / ORDERS / ORDERS.PRISONER.CIVIL.RIGHTS/ reye.0032.3a.db.new

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