(PC) Foust v. Consumer Attorney Marketing Service

Filing 3

ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/6/2021 ORDERING Plaintiff to submit, within 30 days of the date of this order, an application to proceed IFP on the form provided by the Clerk or the required fees in the amount of $402.00. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL FOUST,

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Case No. 2:20-cv-02553-JDP (PC)
Plaintiff,

v.

ORDER DIRECTING PLAINTIFF TO FILE
AN APPLICATION TO PROCEED IN
FORMA PAUPERIS OR PAY THE FILING
FEE

CONSUMER ATTORNEY MARKETING
SERVICE,
Defendant.

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Plaintiff, a state inmate proceeding without counsel, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the

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required filing fee of $350.00 plus the $52.00 administrative fee. See 28 U.S.C. §§ 1914(a),

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1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in

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support of a request to proceed in forma pauperis or to submit the required fees totaling $402.00.

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The revised in forma pauperis application form includes a section that must be completed

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by a prison official, which must be accompanied by a certified copy of the prisoner’s prison trust

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account statement for the six-month period immediately preceding the filing of this action.

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However, this section is only for prisoners not in custody of the California Department of

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Corrections and Rehabilitation (“CDCR”). Because plaintiff is housed in CDCR custody, the

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CDCR will email plaintiff’s certified financial information directly to the court. But plaintiff
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must still provide a signed and dated application to proceed in forma pauperis.

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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 of the date of this order, an application to

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proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the

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amount of $402.00.
2. Plaintiff’s failure to comply with this order will result in a recommendation that this

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action be dismissed.

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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis.

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IT IS SO ORDERED.

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Dated:

January 6, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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