(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY CALDWELL,

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Plaintiff,

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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,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has not, however, filed a completed in forma pauperis affidavit or paid

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the required filing fee of $350.00 plus the $52.00 administrative fee.1 See 28 U.S.C. §§ 1914(a),

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1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in

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support of a request to proceed in forma pauperis or to submit the required fees totaling $402.00.

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The revised in forma pauperis application form includes a section that must be completed

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by a prison official, which must be accompanied by a certified copy of the prisoner’s prison trust

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account statement for the six-month period immediately preceding the filing of this action.

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However, this section is for non-CDCR incarcerated prisoners only. Because plaintiff is housed

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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.
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in CDCR custody, the CDCR will email plaintiff’s certified financial information directly to the

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court. But plaintiff must still provide a signed and dated application to proceed in forma

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pauperis.

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In accordance with the above, it is hereby ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, either a properly

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completed application to proceed in forma pauperis on the form provided by the Clerk of Court,

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or the required fees in the amount of $402.00. Plaintiff’s failure to comply with this order will

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result in a recommendation that this action be dismissed.

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.

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IT IS SO ORDERED.

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Dated:
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May 5, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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