Mogan v. Scotty et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/5/2018 DIRECTING to petitioner to submit an IFP form or pay the appropriate filing fee within 30 days from the date of service of this order. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KYLE DENNIS MOGAN,

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Plaintiff,

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v.

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No. 2:17-cv-2658-EFB P

SCOTTY, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. To proceed with a civil action a plaintiff must pay the $400 filing fee required by

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28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and

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trust account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor

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submitted an application for leave to proceed in forma pauperis. In a letter filed January 16,

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2018, plaintiff claimed to have sent the $400 filing fee to the court. ECF No. 7 at 1. To date, the

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court has not received it.
Accordingly, plaintiff has 30 days from the date of service of this order to submit either

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the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail

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to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this

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order will result in a recommendation that this action be dismissed.

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So ordered.

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Dated: February 5, 2018.

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