Weaver v. California State Prison Folsom

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/19/2017 ORDERING Plaintiff to submit, within 30 days from the date of this order, an affidavit in support of request to proceed IFP or the required fees. (Henshaw, R)

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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 Plaintiff, 13 14 15 No. 2:17-cv-1000 CKD P v. ORDER CALIFORNIA STATE PRISON FOLSOM, FIRST WATCH CORRECTIONAL OFFICER, 16 Defendant. 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 19 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the 20 required filing fee of $350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. §§ 1914(a), 21 1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in 22 support of a request to proceed in forma pauperis or to submit the required fees 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 ///// 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 plaintiff’s prison trust account statement for the six-month period immediately preceding the 2 filing of this action. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 5 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 6 the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result 7 in a recommendation that this action be dismissed; and 8 9 10 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. Dated: May 19, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 12/mpweav1000.3a 19 20 21 22 23 24 25 26 27 28 2

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