(PC) Brooks v. Cassie

Filing 3

ORDER signed by Magistrate Judge Jeremy D. Peterson on 02/17/2023 DIRECTING Plaintiff to submit IFP application or required filing fee of $402 within 30 days. (Spichka, K.)

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Case 2:23-cv-00294-JDP Document 3 Filed 02/21/23 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 WILLIAM LEE BROOKS, II, 12 13 14 Plaintiff, v. Case No. 2:23-cv-00294-JDP (PC) ORDER DIRECTING PLAINTIFF TO FILE AN APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY THE FILING FEE DANIEL CASSIE, 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 an in forma pauperis affidavit or paid the 19 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 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 24 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, 25 or the required fees in the amount of $402.00; plaintiff’s failure to comply with this order will 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 2:23-cv-00294-JDP Document 3 Filed 02/21/23 Page 2 of 2 1 result in a recommendation that this action be dismissed; and 2 3 2. The Clerk of Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. 4 5 IT IS SO ORDERED. 6 Dated: February 17, 2023 7 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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