Herrera v. Mendoza et al.

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 3/6/2017 ORDERING plaintiff shall submit, within 30 days, an affidavit to proceed ifp or the required fees in the amount of $400.00. Plaintiff's failure to comply will result in a recommendation that this action be dismissed without prejudice. The Clerk shall send plaintiff a new 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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ARMANDO HERRERA,

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Plaintiff,

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No. 2:17-cv-0453 AC P

v.

ORDER

MENDOZA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights complaint pursuant to

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42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the

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required filing fee of $350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. §§ 1914(a),

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1915(a). Plaintiff will be provided the opportunity to submit either the appropriate affidavit in

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support of a request to proceed in forma pauperis or the required fees totaling $400.00.
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 his complaint.

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

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1. Plaintiff shall, within thirty days after the filing date of this order, submit an affidavit

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in support of his request to proceed in forma pauperis on the form provided herewith by the Clerk

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of Court, or the required fees in the total amount of $400.00.

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2. Plaintiff’s failure to timely comply with this order will result in a recommendation that
this action be dismissed without prejudice.
3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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DATED: March 6, 2017

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