(PC)Gibbs v. Herrera et al

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 5/9/2022 DIRECTING Plaintiff to submit the $402.00 filing fee within 21 days from the date of this order.(Perdue, C.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH B. GIBBS,

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No. 2:21-cv-2188 TLN AC P

Plaintiff,

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v.

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ORDER

A. HERRERA, et al.,

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Defendants.

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Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has filed an in forma pauperis affidavit and a prisoner trust fund account

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statement. ECF Nos. 12, 13. The prisoner trust fund account statement indicates that as of March

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1, 2022, plaintiff’s account contained $4,009.08. ECF No. 12 at 2.
In order to commence an action, plaintiff must file a complaint as required by Rule 3 of

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the Federal Rules of Civil Procedure, and plaintiff must either pay both the $350.00 filing fee and

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the $52.00 administrative fee for a civil action or file an application requesting leave to proceed in

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forma pauperis.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the

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commencement of an action “without prepayment of fees and costs or security therefor, by a

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If leave to file in forma pauperis is granted, plaintiff will still be required to pay the $350.00
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.
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person who submits an affidavit . . . that [he] is unable to pay such fee or give security therefor.”

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28 U.S.C. § 1915(a). The balance off plaintiff’s prisoner trust fund account shows that he is able

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to pay the filing fee and costs. Thus, plaintiff has made an inadequate showing of indigency.

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See, e.g., Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995); Alexander v. Carson Adult High

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Sch., 9 F.3d 1448, 1449 (9th Cir. 1993). Plaintiff will therefore be granted twenty-one days in

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which to submit the appropriate filing fee to the Clerk of Court.

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Plaintiff is cautioned that failure to pay the fee will result in a recommendation that the

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application to proceed in forma pauperis be denied and the instant action be dismissed without

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prejudice.

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Accordingly, IT IS HEREBY ORDERED that, within twenty-one days from the date of

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this order, plaintiff shall submit the appropriate filing fee.

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DATED: May 9, 2022

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