Crisp v. Barretto et al

Filing 9

ORDER signed by Magistrate Judge Deborah Barnes on 6/19/2017 ORDERING Plaintiff, within 30 days of the date of this order, to submit an updated application to proceed IFP in accordance with 28 U.S.C. 1915(a)(1) or pay the $400 filing fee in full. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OBIE L. CRISP, III,

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No. 2:17-cv-0580 JAM DB P

Plaintiff,
v.

ORDER

J. BARRETTO, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action under 42
U.S.C. § 1983. Plaintiff seeks leave to proceed in forma pauperis (“IFP”) in this case.
While he was incarcerated, plaintiff submitted a declaration that makes the showing

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required by 28 U.S.C. § 1915(a). However, plaintiff’s change of address filed on June 5, 2017

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indicates that plaintiff is no longer incarcerated. If plaintiff still wishes to proceed IFP, he must

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submit an updated application under § 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 398

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(4th Cir. 2003); Adler v. Gonzalez, No. 1:11-cv-1915-LJO-MJS (PC), 2015 WL 4041772, at *2

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(E.D. Cal. July 1, 2015), report and reco. adopted, 2015 WL 4668668 (E.D. Cal. Aug. 6, 2015).

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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Within 30 days of the date of this order, plaintiff shall either
a. Submit an updated application to proceed IFP in accordance with 28 U.S.C.
1915(a)(1); or
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b. Pay the $400 filing fee in full.
2. Failure to submit an updated application or pay the filing fee will result in a

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recommendation that this action be dismissed without prejudice for failure to

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prosecute and failure to obey a court order.

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Dated: June 19, 2017

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DLB:9
DLB1/prisoner-civil rights/cris0580.ifp update

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