(PC) Barnes v. Mule Creek State Prison Case Records Office et al

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 1/06/22 ORDERING plaintiff shall submit, within thirty days from the date of this order, an application toproceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the amount of $402.00. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Plummer, M)

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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 ANTOINE DESHAWN BARNES, 12 No. 2:22-cv-0003 AC P Plaintiff, 13 v. 14 ORDER MULE CREEK STATE PRISON CASE RECORDS OFFICE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 19 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis application 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). Plaintiff will be provided the opportunity to submit either the appropriate application in 22 support of a request to proceed in forma pauperis or the required fees totaling $402.00. 23 The revised in forma pauperis application form includes a section that must be completed 24 by a prison official, which must be accompanied by a certified copy of the prisoner’s prison trust 25 account statement for the six-month period immediately preceding the filing of this action. 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 1 However, this section is for non-CDCR incarcerated prisoners only. Because plaintiff is housed 2 in CDCR custody, the CDCR will email plaintiff’s certified financial information directly to the 3 court. But plaintiff must still provide a signed and dated application to proceed in forma 4 pauperis. 5 In accordance with the above, IT IS HEREBY ORDERED that: 6 1. Plaintiff shall submit, within thirty days from the date of this order, an application to 7 proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the 8 amount of $402.00; plaintiff’s failure to comply with this order will result in a recommendation 9 that this action be dismissed; and 10 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 11 Forma Pauperis By a Prisoner. 12 DATED: January 6, 2022 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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