(PC) Haynes v. Orel et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 6/3/2021 ORDERING plaintiff to submit, within 30 days, an affidavit in support of his request to proceed ifp or the required fees in the amount of $400.00. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed. 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 LELAND HAYNES, 12 13 14 15 No. 2:19-cv-1988 AC P Plaintiff, v. ORDER DAVID OREL, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, seeks clarification of the status of his case. 18 ECF No. 4. Plaintiff filed this civil rights action on October 1, 2019, but never filed an in forma 19 pauperis affidavit or paid the required filing fee of $350.00 plus the $50.00 administrative fee. 20 See 28 U.S.C. §§ 1914(a), 1915(a). On October 4, 2019, the court ordered plaintiff to either file 21 an IFP application or pay the fees in full within 30 days; plaintiff was provided with a form 22 application for IFP status, and was warned that failure to timely comply with the order would 23 result in a recommendation that the case be dismissed. Neither an IFP application nor the filing 24 fee was ever received. Due to administrative oversight, no recommendation for dismissal issued. 25 Because there was no IFP application before the court, the complaint has never been screened. 26 Because plaintiff has recently expressed interest in the status of the case, the court will 27 provide him with a final opportunity either to submit the appropriate affidavit in support of a 28 1 1 request to proceed in forma pauperis or to submit the required fees totaling $400.00.1 Once 2 plaintiff has complied with this order, the court will screen the complaint. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 5 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 6 the required fees in the amount of $400.00; plaintiff’s failure to comply with this order will result 7 in a recommendation that this action be dismissed; and 8 9 10 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. DATED: June 3, 2021 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 2

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