Fields v. Castrillo

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 6/6/2017 ORDERING Plaintiff, within 30 days from the date of this order, to submit an amended complaint and an affidavit in support of his request to proceed IFP or the required fees of $400. (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 CARLTON FIELDS, 12 Plaintiff, 13 14 No. 2:17-cv-1068 AC P v. ORDER E.F. CASTRILLO, 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: (1) 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); or (2) legibly presented his allegations and claims on a complaint form. Plaintiff will be 21 provided the opportunity to do both. First, plaintiff must submit the appropriate affidavit in support of a request to proceed in 22 23 forma pauperis or the required fees totaling $400.00. Plaintiff is cautioned that the in forma 24 pauperis application form includes a section that must be completed by a prison official, and the 25 form must be accompanied by a certified copy of plaintiff’s prison trust account statement for 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 2 3 six-month period immediately preceding the filing of this action. Second, plaintiff must legibly present his allegations and claims on the complaint form provided with this order. 4 In accordance with the above, IT IS HEREBY ORDERED that: 5 1. Plaintiff shall, within thirty days from the date of this order, submit to the court: 6 a. An affidavit in support of his request to proceed in forma pauperis OR the 7 required fees in the amount of $400.00; and 8 b. An amended complaint. 9 2. The Clerk of the Court is directed to send plaintiff: (1) a new Application to Proceed 10 In Forma Pauperis By a Prisoner; and (2) a blank form Civil Rights Complaint used by prisoners 11 in this district; and (3) a copy of plaintiff’s three-page original complaint (ECF No. 1). 12 3. Plaintiff’s failure to timely comply with this order will result in a recommendation that 13 this action be dismissed without prejudice. 14 DATED: June 6, 2017 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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