(PC) Harrison v. Birtwell et al

Filing 5

ORDER signed by Magistrate Judge Chi Soo Kim on 6/5/2024 DIRECTING Plaintiff to file a Motion for IFP or pay the $405 filing fee within 30 days from the date of this order.(Kyono, V)

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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 MICHAEL DAVID HARRISON, 12 No. 2:24-cv-1413 CSK P Plaintiff, 13 v. 14 ORDER BIRTWELL, et al., 15 Defendants. 16 Plaintiff, a federal inmate formerly housed at the Federal Correctional Institution in 17 18 Herlong, California, filed this civil rights action pursuant to Bivens v. Six Unknown Named 19 Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). However, plaintiff did not file an in 20 forma pauperis affidavit or pay the required filing fee of $350.00 plus the $55.00 administrative 21 fee. 1 See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff is provided the opportunity either to submit 22 the appropriate affidavit in support of a request to proceed in forma pauperis or to submit the 23 required fees totaling $405.00. Plaintiff is cautioned that the in forma pauperis application form includes a section that 24 25 must be completed by a prison official, and the form must be accompanied by a certified copy of 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 $55.00 administrative fee. 1 1 plaintiff’s prison trust account statement for the six-month period immediately preceding the 2 filing of this action. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 5 support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 6 the required fees in the amount of $405.00; plaintiff’s failure to comply with this order will result 7 in a recommendation that this action be dismissed; and 8 9 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. 10 11 Dated: June 5, 2024 12 13 14 15 /1/harr1413.3a 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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