Patrakis v. Nest Labs

Filing 4

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re 3 - Signed by JUDGE DERRICK K. WATSON on 9/27/2017. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic noti fications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
MICHAEL PHILLIP PATRAKIS,
FED. ID #08431-122,

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Plaintiff,
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vs.
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NEST LABS, TONY FADELL, CEO, )
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Defendant.
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______________________________ )

CIV. NO. 17-00454 DKW-KSC
ORDER DENYING APPLICATION
TO PROCEED IN FORMA
PAUPERIS BY A PRISONER

On September 12, 2017, the Court directed Plaintiff to submit the civil filing
fee or an Application to Proceed In Forma Pauperis By A Prisoner (“IFP
application”) within twenty-eight days. ECF No. 2. Plaintiff did the latter on
September 21, 2017. See ECF No. 3.
Although Plaintiff was sent a two-page District of Hawaii form IFP
application, he returned only the first page of the form with his account statement.
The IFP application therefore lacks Plaintiff’s (1) signed acknowledgment that, as
a prisoner he is required to pay the full filing fee, and (2) release for withdrawal of
funds from his account. See 28 U.S.C. § 1915(a)(2). Plaintiff’s Application to
Proceed In Forma Pauperis By A Prisoner is therefore DENIED.

Plaintiff is ORDERED to submit the signed second page of the District of
Hawaii IFP application acknowledging his responsibility to pay the civil filing fee
and granting permission to withdraw funds from his account on or before October
11, 2017. Plaintiff need not include the first page of the application or another
trust account statement but may incorporate ECF No. 3 by reference. Failure to
timely do so will result in the dismissal of this action without prejudice. See Fed.
R. Civ. P. 41(b); see also Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995).
The Clerk is DIRECTED to send Plaintiff another in forma pauperis
application to aid in his efforts to comply with the Court’s instructions.
IT IS SO ORDERED.
DATED: September 27, 2017 at Honolulu, Hawai’i.

/s/ Derrick K. Watson
Derrick K. Watson
United States District Judge

Michael Phillip Patrakis v. Nest Labs; Civil No. 17-00454 DKW-KSC; ORDER
DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A
PRISONER
Patrakis v. Nest Labs, 1:17-00454 DKW-KSC; ifp 2017 (dny incmp, no consent wthdr)

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