Johnson v. Sonoma County Child Protective Services et al

Filing 7

ORDER DIRECTING PLAINTIFF TO PAY THE FILING FEE OR FILE A NON-PRISONER IN FORMA PAUPERIS APPLICATION IN EACH OF HIS PENDING ACTIONS. Signed by Judge Claudia Wilken on 7/19/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 7/19/2012)

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1 United States District Court 2 Northern District of California 3 Case Nos. 4 5 IN RE PAUL JOHNSON, CW CW CW CW (PR) (PR) (PR) (PR) Plaintiff. 6 ORDER DIRECTING PLAINTIFF TO PAY THE FILING FEE OR FILE A NONPRISONER IN FORMA PAUPERIS APPLICATION IN EACH OF HIS PENDING ACTIONS 7 8 9 United States District Court Northern District of California C11-1975 C11-6688 C12-1409 C12-2924 10 11 12 Plaintiff filed these pro se civil rights actions under 42 13 U.S.C. § 1983 when he was incarcerated at California State Prison 14 - Solano. In each action he seeks leave to proceed in forma 15 pauperis (IFP). 16 Plaintiff has notified the Court that he no longer is 17 incarcerated. His current address of record is 1716 Peggy Court 18 Petaluma, CA 94954. 19 Ordinarily, a plaintiff is permitted to file a civil action 20 in federal court without prepayment of fees or security if he 21 alleges in an affidavit that he is unable to pay such fees or 22 give security therefor. See 28 U.S.C. § 1915(a). But if the 23 plaintiff is a prisoner who alleges that he is unable to pay the 24 full filing fee at the time of filing, he will be required to pay 25 the full amount of the filing fee even if he is granted IFP 26 status. See 28 U.S.C. § 1915(b)(1). This is done by way of an 27 “installment plan,” whereby the court will assess an initial 28 1 payment, and the prisoner will be required thereafter to make 2 monthly payments of twenty percent of the preceding month’s 3 income credited to his prison trust account. 4 See id. If a prisoner is released, however, the Court will be unable 5 to collect the funds from his prisoner trust account as required 6 under 28 U.S.C. § 1915(b). 7 been released from custody, he now must apply to proceed IFP 8 under the general provisions of 28 U.S.C. § 1915(a)(1). United States District Court Northern District of California 9 Consequently, because Plaintiff has Accordingly, the Court orders as follows: Within thirty days 10 from the date of this Order, Plaintiff either (1) shall pay the 11 $350.00 filing fee for each of his pending actions, or (2) file a 12 completed non-prisoner IFP application in each action in which he 13 seeks leave to proceed IFP. 14 15 16 17 18 The Court will dismiss without prejudice any pending action in which Plaintiff fails to comply with this Order. The Clerk shall send Plaintiff four non-prisoner IFP applications. It is Plaintiff’s responsibility to prosecute this case. He 19 must keep the Court informed of any change of address and must 20 comply with the Court’s orders in a timely fashion. 21 do so may result in the dismissal of these actions for failure to 22 prosecute pursuant to Rule 41(b) of the Federal Rules of Civil 23 Procedure. 24 25 26 27 28 Failure to IT IS SO ORDERED. Dated: 7/19/2012 ________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 2

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