Candler v. Baker, et al.,

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 4/11/2018 ORDERING plaintiff shall submit, within 30 days, an affidavit to proceed ifp, or in the alternative, inform the court that he wishes to serve documents on defendants himself through the remainder of this action. The Clerk shall send plaintiff an ifp application.(Yin, K)

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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 KEITH CANDLER, 12 13 14 15 No. 2:17-cv-1885 AC P Plaintiff, v. ORDER BAKER, et al, Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. On June 30, 2017, plaintiff filed this action in the Sacramento County Superior 19 Court. See ECF No. 2 at 5 et seq. Defendants removed the action to this court on September 11, 20 2017. See ECF Nos 1, 2. 21 On January 11, 2018, the court ordered plaintiff to complete and return documents to be 22 served on defendant Rashid. ECF No. 12. On January 22, 2018, plaintiff submitted the required 23 documents to the court. ECF No. 13. They are ready to be served upon defendant Rashid. 24 Because the matter was removed to this court by defendants, the filing fees have been 25 paid. As a result, plaintiff’s submission of an in forma pauperis application is not needed for this 26 matter to continue to proceed in federal court. This also means, however, that as a litigant who 27 has not been granted in forma pauperis status, plaintiff is required to file and serve his pleadings 28 on defendants himself. 1 1 If plaintiff wishes to serve defendants himself throughout the remainder of this action, he 2 is free to do so. In that case, he shall inform the court, and his recently filed documents will be 3 returned so that he may serve them. If, however, plaintiff wishes to have his amended petition as 4 well as future filings served upon defendants by officers of the court, plaintiff may file an 5 application to proceed in forma pauperis. If plaintiff is granted in forma pauperis status, the 6 United States Marshal’s office will serve plaintiff’s documents on defendants throughout the 7 remainder of this action. See 28 U.S.C. § 1915(d) (stating officers of the court shall issue and 8 serve all process in in forma pauperis proceedings). 9 10 Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 11 support of his request to proceed in forma pauperis on the form provided by the Clerk 12 of Court, or in the alternative, inform the court that he wishes to serve documents on 13 defendants himself through the remainder of this action, and 14 15 16 2. The Clerk of Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner. DATED: April 11, 2018 17 18 19 20 21 22 23 24 25 26 27 28 2

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