Gastile v. Virga et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2011 ORDERING Plaintiff to submit the proper filing fee or and application to proceed IFP within 30 days; DIRECTING the Clerk to mail an application to proceed IFP to the Plaintiff. (Michel, G)

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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 TIMOTHY L. GASTILE, Plaintiff, 11 12 vs. 13 No. CIV S-11-2829 EFB P T. VIRGA, et al., Defendants. 14 / 15 Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations. 16 17 ORDER See 42 U.S.C. §1983. 18 To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 19 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust 20 account statement required by 28 U.S.C. § 1915(a). Plaintiff has neither paid the fee nor submitted a proper application for leave to proceed 21 22 in forma pauperis. Accordingly, plaintiff has 30 days from the date of service of this order to submit either 23 24 the filing fee or the application required by § 1915(a). The Clerk of the Court is directed to mail 25 //// 26 //// 1 1 to plaintiff a form application for leave to proceed in forma pauperis. Failure to comply with this 2 order will result in a recommendation that this action be dismissed. 3 4 So ordered. DATED: November 8, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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