Herrera v. Ladson et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/18/2017 ORDERING Plaintiff to submit, within 30 days from the date of this order, 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 ARMANDO HERRERA, 12 No. 2:17-cv-1440 CKD P Plaintiff, 13 v. 14 LADSON, et al., 15 ORDER 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 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). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in 21 support of a request to proceed in forma pauperis or to submit the required fees totaling $400.00. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 24 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 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 the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result 2 in dismissal; and 3 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 4 Forma Pauperis By a Prisoner. 5 Dated: July 18, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1/bh herr1440.3a(CDCR) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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