Espino v. Arnold

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 10/24/2017 ORDERING Plaintiff to submit, within 30 days from the date of this order, a complete affidavit in support of his request to proceed IFP or the required fees in the amount 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 MARTIN ESPINO, 12 Plaintiff, 13 14 No. 2:17-cv-2198 AC P v. ORDER ERIC ARNOLD, Warden, 15 Defendant. 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 a complete 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, a complete 24 affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk 25 of Court, or the required fees in the amount of $400.00; plaintiff’s failure to comply with this 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 order will result in a recommendation that this action be dismissed; and 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 3 Forma Pauperis By a Prisoner. 4 SO ORDERED. 5 DATED: October 24, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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