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