Talley v. Mendoza et al
Filing
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ORDER Discharing Order to Show Cause and Granting Plaintiff Final Opportunity to File Application to Proceed In Forma Pauperis or Pay Filing Fee signed by Magistrate Judge Gerald B. Cohn on 11/11/2011. Motion for IFP due by 12/12/2011. (Attachments: # 1 Application for IFP Form)(Flores, E)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LENOARD TALLEY,
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Plaintiff,
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1:11-cv-00277-GBC (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND GRANTING PLAINTIFF FINAL
OPPORTUNITY TO FILE APPLICATION
TO PROCEED IN FORMA PAUPERIS
OR PAY FILING FEE
v.
P. MENDOZA, et al.,
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Defendants.
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(Docs. 11 & 12)
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Plaintiff is a prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. §
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1983. On February 10, 2011, Plaintiff filed this action, and on February 25, 2011, Plaintiff consented
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to Magistrate Judge jurisdiction. Docs. 1 & 6. Plaintiff's complaint has not yet been screened by this
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court.
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Plaintiff has not paid the $350.00 filing fee. It appears that he attempted to submit an
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application to proceed in forma pauperis, but it is incomplete. Doc. 1 Ex. 1 at 12 & 17. The form did
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not “authorize the agency having custody of [Plaintiff] to collect from [his] trust account and forward
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to the Clerk of the United States District Court payments in accordance with 28 U.S.C. § 1915(b)(2)”
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or similar language.
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On May 23, 2011, the court ordered Plaintiff to submit an application to proceed in forma
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pauperis or pay the filing fee within forty-five days. Doc. 9. Plaintiff filed his prisoner trust fund
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-1-
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account statement, but did not file an application to proceed in forma pauperis. Doc. 10. On August
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9, 2011, the court again ordered Plaintiff to submit an application for in forma pauperis or pay the
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filing fee. Doc. 11. On October 11, 2011, the court issued an order to show cause shy action should
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not be dismissed for failure to obey court order. Doc. 12.
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On October 24, 2011, Plaintiff submitted a response but still failed to submit an application
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to proceed in forma pauperis or pay the filing fee. The court will provide Plaintiff with one final
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opportunity to comply with the court’s order.
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Accordingly, it is HEREBY ORDERED:
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1.
The order to show cause dated October 21, 2011 is discharged.
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2.
The clerk of the court is directed to send Plaintiff an in forma pauperis application
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with service of this order.
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3.
Within thirty (30) days of the date of service of this order, Plaintiff shall submit the
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attached application to proceed in forma pauperis, completed and signed, or in the
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alternative, pay the $350.00 filing fee for this action. No requests for extension will
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be granted without a showing of good cause.
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PLAINTIFF IS HEREBY ON NOTICE THAT FAILURE TO COMPLY WITH THIS
ORDER WILL RESULT IN DISMISSAL OF THIS ACTION.
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IT IS SO ORDERED.
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Dated:
0jh02o
November 7, 2011
UNITED STATES MAGISTRATE JUDGE
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