Kimbro v. Chen et al

Filing 6

ORDER to Resubmit Application to Proceed in Forma Pauperis or Pay Filing Fee within 45 Days, signed by Magistrate Judge Gerald B. Cohn on 6/16/11. (Attachments: # 1 IFP Application). (Verduzco, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD KIMBRO, Plaintiff, 12 13 14 15 1:11-cv-00957-GBC (PC) ORDER TO RESUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN 45 DAYS v. CHEN, et al., Defendants. / 16 17 18 ORDER Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 19 U.S.C. § 1983. Plaintiff has not paid the $350.00 filing fee. It appears that he attempted to 20 submit an application to proceed in forma pauperis, but it is incomplete. (ECF No. 2.) 21 However, it does not “authorize the agency having custody of [Plaintiff] to collect from [his] 22 trust account and forward to the Clerk of the United States District Court payments in 23 accordance with 28 U.S.C. § 1915(b)(2)” or similar language. 24 Accordingly, IT IS HEREBY ORDERED that: 25 Within forty-five (45) days of the date of service of this Order, Plaintiff shall submit 26 the attached application to proceed in forma pauperis, completed and signed, or in the 27 alternative, pay the $350.00 filing fee for this action. No requests for extension will be 28 granted without a showing of good cause. Within sixty (60) days of the date of service -1- 1 of this Order, Plaintiff shall submit a certified copy of his/her prison trust statement for the 2 six month period immediately preceding the filing of the complaint. Failure to comply with this Order will result in dismissal of this action. 3 4 5 6 7 IT IS SO ORDERED. 8 9 Dated: 1j0bbc June 16, 2011 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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