(PC) Woolery v. Shasta County Jail et al

Filing 7

ORDER signed by Magistrate Judge Deborah Barnes on 4/24/2021 ORDERING plaintiff to submit, within 30 days, either the fees in the amount of $402.00 or a properly completed ifp application; and STRIKING plaintiff's 6 motion to appoint counsel, without prejudice, to refiling a signed copy of the motion. 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 JACOB DAVID WOOLERY, 12 13 14 No. 2:21-cv-0166 DB P Plaintiff, v. ORDER SHASTA COUNTY JAIL, et al., 15 Defendants. 16 17 Plaintiff, a county prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims defendants failed to properly consider his grievances, refused to 19 give him a parole form, and failed to provide adequate dental treatment. 20 Plaintiff has not paid the filing fee or filed an application to proceed in forma pauperis. In 21 order to proceed with this action, plaintiff must pay the required filing fee of $350.00 plus the 22 $52.00 administrative fee or be granted leave to proceed in forma pauperis. Plaintiff will be 23 given thirty days leave to pay the filing fee in full or submit a properly completed application to 24 proceed in forma pauperis. 25 Plaintiff is cautioned that the in forma pauperis application form includes a section that 26 must be completed by a prison official, and the form must be accompanied by a certified copy of 27 plaintiff’s prison trust account statement for the six-month period immediately preceding the 28 filing of this action. 1 1 Plaintiff has also filed a motion for the appointment of counsel. (ECF No. 6.) However, 2 the motion does not contain plaintiff’s signature. Federal Rule of Civil Procedure 11(a) and 3 Local Rule 131(b) require that all pleadings and non-evidentiary documents to be signed by the 4 attorney or the party if that party is proceeding without counsel. Thus, the court is unable to 5 consider plaintiff’s motion to appoint counsel unless he signs and refiles the motion. The court 6 will strike the motion without prejudice to plaintiff refiling the motion. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 9 filing fee plus the $52.00 administrative fee or a properly completed application to proceed in 10 forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply 11 with this order or seek an extension of time to do so will result in dismissal of this action without 12 prejudice; and 13 14 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. 4. Plaintiff’s motion to appoint counsel (ECF No. 6) is stricken without prejudice to 15 16 refiling a signed copy of the motion. 17 Dated: April 24, 2021 18 19 20 21 22 23 24 25 DB:12 26 DB/DB Prisoner Inbox/Civil Rights/S/wool0166.3a.31 27 28 2

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