Olajide v. Dewar et al
Filing
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ORDER signed by Magistrate Judge Dennis M. Cota on 12/6/2018 VACATING 7 findings and recommendations. The Clerk of the Court is directed to re-designate this action as a pro se civil action and to update the docket to reflect the re-designation. P laintiff shall submit on the form provided by the Clerk of the Court, within 30 days from the date of this order, a complete application for leave to proceed in forma pauperis or pay the appropriate filing fee. The Clerk of the Court is directed to send plaintiff a new form Application to Proceed In Forma Pauperis. (Zignago, K.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RONALD B. OLAJIDE,
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No. 2:17-CV-1477-KJM-DMC
Plaintiff,
v.
ORDER
TREVOR DEWAR, et al.,
Defendants.
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Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42
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U.S.C. § 1983. On May 23, 2018, the court issued findings and recommendations that this action
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be dismissed for plaintiff’s failure to apprise the court of his current address. A review of the
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docket reflects plaintiff has submitted the required notice of change of address. Good cause
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appearing therefor, the May 23, 2018, findings and recommendations will be vacated.
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A review of plaintiff’s notice of change of address indicates plaintiff is no longer
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incarcerated. This action is, therefore, no longer considered a prisoner action and will be re-
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designated as a pro se civil action. See Local Rule 101 (defining “prisoner action”).
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Finally, plaintiff has not resolved the fee status for this case by filing either a
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complete application to proceed in forma pauperis or paying the required filing fee. Plaintiff will
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be provided the opportunity to submit either a completed application to proceed in forma pauperis
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or pay the appropriate filing fee. Plaintiff is warned that failure to comply with this order may
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result in the dismissal of this action for lack of prosecution and failure to comply with court rules
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and orders. See Local Rule 110.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations issued on May 23, 2018, are vacated;
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2.
The Clerk of the Court is directed to re-designate this action as a pro se
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civil action and to update the docket to reflect the re-designation;
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Plaintiff shall submit on the form provided by the Clerk of the Court,
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within 30 days from the date of this order, a complete application for leave to proceed in forma
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pauperis or pay the appropriate filing fee; and
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4.
The Clerk of the Court is directed to send plaintiff a new form Application
to Proceed In Forma Pauperis.
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Dated: December 6, 2018
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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