McElroy v. CHCF et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/8/2018 ORDERING plaintiff to submit either the filing fee or the application required by § 1915 (a). The Clerk shall mail to 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 LATWAHN McELROY, 12 Plaintiff, 13 14 No. 2:18-cv-0455-EFB P v. ORDER CHCF, 15 Defendant. 16 Plaintiff is state prisoner proceeding without counsel. This case was opened pursuant to 17 18 an order from the United States District Court for the Northern District of California. See 19 McElroy v. Adam, No. 17-cv-3348-YGR (N.D. Cal. Feb. 23, 2018) (screening order dismissing 20 plaintiff’s claims arising at the California Health Care Facility, without prejudice to refiling them 21 in a new civil rights action in the United States District Court for the Eastern District of 22 California). If plaintiff wishes to proceed with this action, he must pay the $400 filing fee 23 required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the 24 affidavit and trust account statement required by 28 U.S.C. § 1915(a). 25 ///// 26 ///// 27 ///// 28 ///// 1 1 Accordingly, plaintiff has 30 days from the date of service of this order to submit either 2 the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail 3 to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this 4 order may result in this case being closed. 5 6 So ordered. Dated: March 8, 2018. 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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