Tanksley v. Rio Cosumnes Correctional Center et al

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/03/17 ordering the findings and recommendations filed 6/28/17 5 are hereby vacated. Plaintiff shall submit within 30 days from the date of this order, an affidavit in support of his reque st to proceed in forma pauperis on the form provided by the clerk of court or the required fees in the amount of $400.00. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, 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 MOODY WOODROW TANKSLEY, 12 13 14 15 16 17 No. 2:17-cv-0566 JAM CKD P Plaintiff, v. ORDER RIO CONSUMNES CORRECTIONAL CENTER, et al., Defendants. Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. On July 11, 2017 plaintiff filed Objections to the Findings and 19 Recommendations issued on June 28, 2017. See ECF Nos. 5, 6. In light of plaintiff’s Objections 20 indicating his current address at the Sacramento County Main Jail, the court will vacate the 21 Findings and Recommendations which proposed dismissal of the instant action based on 22 plaintiff’s failure to keep the court apprised of his current address. ECF No. 5. In addition, the 23 court will grant plaintiff one last extension of time to file an in forma pauperis application along 24 with a certified copy of the plaintiff’s prison trust account statement for the six-month period 25 immediately preceding the filing of this action. 26 In accordance with the above, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations filed on June 28, 2017 are hereby vacated; 28 2. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 1 1 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 2 the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result 3 in a recommendation that this action be dismissed; and 4 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 5 Forma Pauperis By a Prisoner. 6 Dated: August 3, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 12/tank0566.vacatef&r.docx 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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