Allen v. Botkin

Filing 3

ORDER signed by Magistrate Judge Deborah Barnes on 8/7/2017 ORDERING, within 30 days, plaintiff shall submit an affidavit to proceed ifp or the required fees in the amount of $400.00; and the Clerk shall send plaintiff an ifp application.(Yin, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 EDWARD E. ALLEN, 11 Plaintiff, 12 13 No. 2:17-cv-1584 DB P v. ORDER B. BOTKIN, 14 Defendant. 15 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 16 17 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the 18 required filing fee of $350.00 plus the $50.00 administrative fee. 1 See 28 U.S.C. §§ 1914(a), 19 1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in 20 support of a request to proceed in forma pauperis or to submit the required fees totaling $400.00. 21 In accordance with the above, IT IS HEREBY ORDERED that: 22 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 23 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 24 the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result 25 in a recommendation that this action be dismissed; and 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 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 2 Forma Pauperis By a Prisoner. 3 DATED: August 7, 2017 4 5 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 DLB:9 DLB1/prisoner-civil rights/alle1584.3a.CDCR 20 21 22 23 24 25 26 27 28 2

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