Overton v. CMF Warden et al

Filing 13

ORDER signed by Magistrate Judge Allison Claire on 10/30/2017 DENYING as moot plaintiff's 12 motion to roceed IFP and this case shall remain closed. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL L. OVERTON,

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Plaintiff,

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v.

No. 2:17-cv-1335 AC P

ORDER

CMF WARDEN, et al.,

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Defendants.

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By order filed October 11, 2017, this action was dismissed without prejudice after plaintiff

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ignored two court orders to submit an application to proceed in forma pauperis or pay the $400.00

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filing fee. ECF No. 10. The second order that issued warned plaintiff that failure to comply

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would result in the case being dismissed without further warning. ECF No. 8. Now, two weeks

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after this case was dismissed, and over three months after he was first ordered to submit an

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application to proceed in forma pauperis, plaintiff has submitted the required application. ECF

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No. 12. The application is unaccompanied by any explanation as to why plaintiff failed to submit

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it in a timely manner and this court finds no reason to re-open this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 12) is denied as moot.

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2. This case shall remain closed.

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IT IS SO ORDERED.

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DATED: October 30, 2017

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