Smith v. Warden, Deuel Vocational Institution

Filing 4

ORDER signed by Magistrate Judge Deborah Barnes on 2/15/2018 ORDERING Plaintiff to submit, within 30 days from the date of this order, either the $350.00 filing fee plus the $50.00 administrative fee or a properly completed application to proceed IFP. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICK SMITH,

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Plaintiff,

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No. 2:18-cv-0347 DB P

v.

ORDER

WARDEN, DEUEL VOCATIONAL
INSTITUTION,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 plus the $50.00

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administrative fee, and although he has submitted a copy of his prison trust account statement, he

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has not filed an application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a) & 1915(a).

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Plaintiff will be granted thirty days to pay the filing fee in full or submit a properly completed

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application to proceed in forma pauperis.
Plaintiff is cautioned that the in forma pauperis application form includes a section that

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must be completed by a prison official, and the form must be accompanied by a certified copy of

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plaintiff’s prison trust account statement for the six-month period immediately preceding the

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filing of this action.

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/////
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00

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filing fee plus the $50.00 administrative fee or a properly completed application to proceed in

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forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply

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with this order or seek an extension of time to do so will result in dismissal of this action without

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prejudice; and

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2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma

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Pauperis By a Prisoner for use in a civil rights action.

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Dated: February 15, 2018

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DLB:12
DLB1/Orders/Prisoner-CivilRights/smit0347.3a

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