Pearson v. John Muir Hospital et al

Filing 8

ORDER DIRECTING PLAINTIFF TO COMPLY WITH FILING-FEE REQUIREMENTS; DIRECTIONS TO CLERK. Signed by Judge Jon S. Tigar on July 22, 2013. (Attachments: # 1 Application to Proceed IFP, # 2 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 7/22/2013)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 OSCAR MAURICE PEARSON, Case No. 13-cv-02918-JST (PR) Plaintiff, 10 v. United States District Court Northern District of California 11 12 JOHN MUIR HOSPITAL, et al., Defendants. ORDER DIRECTING PLAINTIFF TO COMPLY WITH FILING-FEE REQUIREMENTS; DIRECTIONS TO CLERK 13 14 15 On June 24, 2013, plaintiff, a California prisoner then incarcerated at the Martinez 16 Detention Facility and proceeding pro se, filed the above-titled civil rights action pursuant to 42 17 U.S.C. § 1983. On the same day, plaintiff filed an application seeking leave to proceed in forma 18 pauperis (IFP) indicating that he had no funds in his prisoner trust account to pay the $400.00 19 filing fee. Thereafter, by notice filed July 3, 2013, plaintiff informed the court that he had been 20 released from prison and is residing in Richmond. Consequently, should plaintiff be granted leave 21 to proceed IFP based on the information provided in the prisoner’s IFP application he submitted, 22 the court will be unable to collect the funds from plaintiff’s prisoner trust account as required 23 under 28 U.S.C. § 1915(b). Therefore, no later than fourteen days from the date of this Order, 24 plaintiff either shall (1) pay the $400.00 filing fee in this action, or (2) file a completed non- 25 prisoner IFP application. If plaintiff fails to comply with this Order, the case will be dismissed 26 without prejudice. 27 /// 28 /// 1 The Clerk of the Court shall provide plaintiff with a non-prisoner IFP application. 2 IT IS SO ORDERED. 3 Dated: July 22, 2013 4 5 6 ______________________________________ JON S. TIGAR United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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