Underwood v. Tan et al.

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 12/7/2017 ORDERING plaintiff to submit, within 30 days, a complete ifp application, or the appropriate filing fee; and the Clerk shall send plaintiff a new ifp form.(Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERROL LOVELL UNDERWOOD, 12 13 14 No. 2:17-cv-0174-CMK-P Plaintiff, vs. ORDER RICHARD TAN, et. al., 15 Defendants. / 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 42 U.S.C. § 1983. 18 Plaintiff has not filed a complete1 application to proceed in forma pauperis or paid 19 the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a), (a)(2). Plaintiff will be provided the 20 opportunity to submit either a completed application to proceed in forma pauperis or the 21 appropriate filing fee. Plaintiff is warned that failure to resolve the fee status of this case within 22 the time provided may result in the dismissal of this action for lack of prosecution and failure to 23 24 1 25 26 Plaintiff has submitted, and the court has received, a prisoner trust fund account statement. However, only the statement was received. No application to proceed in forma pauperis has been received by the court. As the court is in receipt of the prisoner trust fund account statement, no additional account statement is required. 1 1 comply with court rules and orders. See Local Rule 110. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Plaintiff shall submit on the form provided by the Clerk of the Court, 4 within 30 days from the date of this order, a complete application for leave to proceed in forma 5 pauperis, or the appropriate filing fee; and 6 7 2. The Clerk of the Court is directed to send plaintiff a new form Application to Proceed In Forma Pauperis By a Prisoner. 8 9 10 11 DATED: December 7, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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