(PC) Spearman v. Department of State Hospitals

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 07/16/2021 DIRECTING plaintiff to file a Motion for IFP or pay the filing fee within 30 days from the date of this order. (Rodriguez, E)

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Case 2:21-cv-01213-KJN Document 3 Filed 07/19/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD E. SPEARMAN, 12 No. 2:21-cv-1213 KJN P Plaintiff, 13 v. 14 ORDER DEPARTMENT OF STATE HOSPITALS, et al., 15 Defendants. 16 17 Plaintiff, a county prisoner proceeding pro se, filed a civil rights action pursuant to 42 18 19 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the 20 required filing fee of $350.00 plus the $52.00 administrative fee. 1 See 28 U.S.C. §§ 1914(a), 21 1915(a). Therefore, plaintiff is provided the opportunity either to submit the appropriate affidavit 22 in support of a request to proceed in forma pauperis or to submit the required fees totaling 23 $402.00. Plaintiff is cautioned that the in forma pauperis application form includes a section that 24 25 must be completed by a prison official, and the form must be accompanied by a certified copy of 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 $52.00 administrative fee. 1 Case 2:21-cv-01213-KJN Document 3 Filed 07/19/21 Page 2 of 2 1 plaintiff’s prison trust account statement for the six-month period immediately preceding the 2 filing of this action. 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 $402.00; 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: July 16, 2021 11 12 13 14 /spea1213.3a 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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