Herrera v Gray

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/2017 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the required fees in the amount of $400.00; and the Clerk shall send plaintiff a new ifp application.(Yin, K)

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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 ARMANDO HERRERA, 12 Plaintiff, 13 14 No. 2:17-cv-0765 KJN P v. ORDER GRAY, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the 19 required filing fee of $350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. §§ 1914(a), 20 1915(a). Therefore, plaintiff will be provided the opportunity either to submit the appropriate 21 affidavit in support of a request to proceed in forma pauperis or to submit the required fees 22 totaling $400.00. Plaintiff is cautioned that the in forma pauperis application form includes a section that 23 24 must be completed by a prison official, and the form must be accompanied by a certified copy of 25 plaintiff’s prison trust account statement for the six-month period immediately preceding the 26 27 28 1 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. 1 1 filing of this action. 2 In accordance with the above, IT IS HEREBY ORDERED that: 3 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 4 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 5 the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result 6 in a recommendation that this action be dismissed; and 7 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 8 Forma Pauperis By a Prisoner. 9 Dated: April 18, 2017 10 11 12 13 herr0765.3a 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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