Overton v. CMF Warden et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 7/19/2017 DENYING without prejudice 4 Motion for Summary Judgment and ORDERING Plaintiff to submit, within 30 days from the date of this order, and application in support of his request to proceed IFP or the required fees of $400. (Henshaw, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL L. OVERTON, 12 Plaintiff, 13 14 v. No. 2:17-cv-1335 AC P ORDER CMF WARDEN, et al., 15 Defendants. 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, filed an in forma pauperis application 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). Plaintiff will be provided the opportunity either to submit the appropriate application in 21 support of a request to proceed in forma pauperis or to submit the required fees totaling $400.00. 22 Plaintiff has also filed a motion for summary judgment. ECF No. 4. The motion is not in 23 the proper form since it does not comply with the requirements of Federal Rule of Civil 24 Procedure 56 and Local Rule 260. The motion is also premature because the court has yet to 25 screen the complaint. The motion will therefore be denied without prejudice to a motion brought 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 in the proper form and at a later stage in the proceedings. 2 In accordance with the above, IT IS HEREBY ORDERED that: 3 1. Plaintiff shall submit, within thirty days from the date of this order, an application in 4 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 5 the required fees in the amount of $400.00. Plaintiff’s failure to comply with this order will result 6 in a recommendation that this action be dismissed. 7 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. 3. Plaintiff’s motion for summary judgment (ECF No. 4) is denied without prejudice. DATED: July 19, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?