Katz v. United States of America et al

Filing 10

ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO ARRANGE PAYMENT OF FILING FEE 9 . ~ On or before December 29, 2008, Plaintiff must either pay the statutory filing fee for commencing this case, or submit a fully completed and sufficient in forma pauperis application. Failure to do so may result in DISMISSAL of this action for failure to prosecute or otherwise follow a court order ~ Signed by JUDGE SUSAN OKI MOLLWAY on 12/1/2008. (afc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) Plaintiff, ) ) vs. ) ) UNITED STATES OF AMERICA and ) BUREAU OF PRISONS, ) ) ) Defendants. ______________________________ ) WARREN B. KATZ, CIVIL NO. 08-00489 SOM-LEK ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO ARRANGE PAYMENT OF FILING FEE ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO ARRANGE PAYMENT OF FILING FEE On December 1, 2008, pro se Plaintiff Warren B. Katz, an inmate incarcerated at the Federal Detention Center ("FDC") in Honolulu, Hawaii, filed a document titled "Motion for Extension of Time to Make Payment of Filing Fee." The court GRANTS the motion, and Plaintiff is given an extension of thirty days in which to pay the $350.00 filing fee for commencing his action, or submit an application to proceed in forma pauperis. On or before December 29, 2008, Plaintiff must either pay the statutory filing fee for commencing this case, or submit a fully completed and sufficient in forma pauperis application. Failure to do so may result in DISMISSAL of this action for failure to prosecute or otherwise follow a court order. See Fed. R. Civ. P. 41(b); Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995); In re Perroton, 958 F.2d 889, 890 (9th Cir. 1992). Plaintiff is again notified that all parties instituting any civil action, suit or proceeding in a United States district court, other than a writ of habeas corpus, must pay a filing fee of $350.00. See 28 U.S.C. 1914(a). Plaintiff is NOTIFIED that, even if in forma pauperis application is granted, as a prisoner Plaintiff will still be required to pay the full $350.00 filing fee, although installment payments may be assessed, depending upon the amount of funds available in Plaintiff's prison trust account. Further, Plaintiff must submit his in forma pauperis application on the court's form, and include a certified copy of Plaintiff's prison trust account activity for the six-month period immediately preceding the filing of his Complaint. and (2). The Clerk is DIRECTED to send Plaintiff a copy of the Court's in forma pauperis application with instructions for completing it. IT IS SO ORDERED. DATED: Honolulu, Hawaii, December 1, 2008. 28 U.S.C. 1915(a)(1) /s/ Susan Oki Mollway Susan Oki Mollway United States District Judge Katz v. U.S., et al., Civ. No. 08-00489 SOM-LEK; ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO ARRANGE PAYMENT OF FILING FEE 2

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