Barney v. Salazar

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/29/2017 ORDERING plaintiff to submit an ifp application or the filing fee in the amount of $400.00. 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 JOHN BARNEY, 12 Plaintiff, 13 14 No. 2:17-cv-1312 CKD P v. ORDER WARDEN SALAZAR, 15 Defendant. 16 Plaintiff, a federal prisoner at the Federal Correctional Instituion in Herlong, has filed a 17 18 document the court construes as a civil complaint. To proceed, plaintiff must either pay the 19 required filing fee or file an application requesting leave to proceed in forma pauperis.1 See 28 20 U.S.C. §§ 1914(a), 1915(a). 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. Plaintiff is granted thirty days from the date of service of this order to submit an 23 application to proceed in forma pauperis on the form provided by the Clerk of Court, or the filing 24 ///// 25 ///// 26 27 1 If leave to proceed in forma pauperis is granted, plaintiff will still be required to pay the filing fee but will be allowed to pay it in installments. 28 1 1 fee in the amount of $400.00.2 Plaintiff’s failure to comply with this order will result in 2 dismissal. 2. The Clerk of the Court is directed to send plaintiff the court’s application to proceed in 3 4 forma pauperis by a prisoner. 5 Dated: June 29, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1/mp barn1312.ifp 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 The $400.00 is comprised of the $350.00 filing fee and a $50.00 administrative fee. If plaintiff is granted leave to proceed in forma pauperis, plaintiff is not required to pay the $50.00 administrative fee. 2

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