McElroy v. CHCF Chief Classifications Services et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2017 ORDERING the plaintiff to submit the filing fee of $400 or a request to proceed in forma pauperis within 30 days from the date of this order. Clerk to send a new IFP application to plaintiff. (Donati, J)

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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 EJ MCELROY, 12 Plaintiff, 13 14 15 No. 2:17-cv-1739 KJN P v. ORDER CHCF CHIEF CLASSIFICATIONS SERVICES, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 19 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the 20 required filing fee of $350.00 plus the $50.00 administrative fee.1 See 28 U.S.C. §§ 1914(a), 21 1915(a). Therefore, plaintiff will be provided the opportunity either to submit the appropriate 22 affidavit in support of a request to proceed in forma pauperis or to submit the required fees 23 totaling $400.00. 24 //// 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 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 3 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 4 the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result 5 in a recommendation that this action be dismissed; and 6 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 7 Forma Pauperis By a Prisoner. 8 Dated: August 28, 2017 9 10 11 /mcel1739.3a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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