(PC) Caldwell v. Unknown

Filing 3

ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/05/2022 DIRECTING Plaintiff to either pay the $402.00 filing fee or submit a properly completed IFP form within 30 days from the date of this order.(Perdue, C.)

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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 JEFFREY CALDWELL, 12 Plaintiff, 13 14 v. Case No. 2:22-cv-00709-JDP (PC) ORDER DIRECTING PLAINTIFF TO FILE AN APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY THE FILING FEE UNKNOWN, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has not, however, filed a completed in forma pauperis affidavit or paid 19 the required filing fee of $350.00 plus the $52.00 administrative fee.1 See 28 U.S.C. §§ 1914(a), 20 1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in 21 support of a request to proceed in forma pauperis or to submit the required fees totaling $402.00. 22 The revised in forma pauperis application form includes a section that must be completed 23 by a prison official, which must be accompanied by a certified copy of the prisoner’s prison trust 24 account statement for the six-month period immediately preceding the filing of this action. 25 However, this section is for non-CDCR incarcerated prisoners only. Because plaintiff is housed 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 in CDCR custody, the CDCR will email plaintiff’s certified financial information directly to the 2 court. But plaintiff must still provide a signed and dated application to proceed in forma 3 pauperis. 4 In accordance with the above, it is hereby ORDERED that: 5 1. Plaintiff shall submit, within thirty days from the date of this order, either a properly 6 completed application to proceed in forma pauperis on the form provided by the Clerk of Court, 7 or the required fees in the amount of $402.00. Plaintiff’s failure to comply with this order will 8 result in a recommendation that this action be dismissed. 9 10 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. 11 12 IT IS SO ORDERED. 13 Dated: 14 15 May 5, 2022 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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