Weaver v. Kendall

Filing 3

ORDER signed by Magistrate Judge Deborah Barnes on 4/13/2017 ORDERING plaintiff to submit, within 30 days, either the $350.00 filing fee plus the $50.00 administrative fee or a properly completed ifp application; and the Clerk shall send plaintiff an 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 WILLIE WEAVER, 12 13 14 15 No. 2:17-cv-0776 DB P Plaintiff, v. ORDER KENDALL, Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 plus the $50.00 19 administrative fee nor has he filed an application to proceed in forma pauperis. See 28 U.S.C. §§ 20 1914(a) & 1915(a). Plaintiff will be granted thirty days to pay the filing fee in full or submit a 21 properly completed application to proceed in forma pauperis. 22 Plaintiff is cautioned that the in forma pauperis application form includes a section that 23 must be completed by a prison official, and the form must be accompanied by a certified copy of 24 plaintiff’s prison trust account statement for the six-month period immediately preceding the 25 filing of this action. 26 In accordance with the above, IT IS HEREBY ORDERED that: 27 1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 28 filing fee plus the $50.00 administrative fee or a properly completed application to proceed in 1 1 forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply 2 with this order or seek an extension of time to do so will result in dismissal of this action without 3 prejudice; and 4 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma 5 Pauperis By a Prisoner for use in a civil rights action. 6 DATED: April 13, 2017 7 8 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 DLB:9 DLB1/prisoner-civil rights/weav0776.3a 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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