Blandino v. Sacramento Sheriff's Department et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/22/11 ORDERING that within 30 days from the date of service of this order, plaintiff shall submit a non-prisoner affidavit in support of his request to proceed in forma pauperis or the required filing fee ($350.00); and Clerk of the Court is directed to send plaintiff a copy of the non-prisoner in forma pauperis form used by this district.(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERTO X. BLANDINO,
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Plaintiff,
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No. CIV S-11-2860 DAD P
vs.
SACRAMENTO SHERIFF’S
DEPARTMENT et al.,
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Defendants.
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ORDER
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Plaintiff is a former county inmate proceeding pro se. Plaintiff seeks relief
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pursuant to 42 U.S.C. § 1983, alleging that he was subjected to mistreatment by the named
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defendants while detained at the Sacramento County Jail, and has filed an application to proceed
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in forma pauperis under 28 U.S.C. § 1915.
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Ordinarily, a prisoner-plaintiff is permitted to file a civil action in federal court
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without prepayment of fees if he alleges in an affidavit that he is unable to pay such fees. See 28
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U.S.C. § 1915(a). However, here, plaintiff has informed the court by way of a notice of change
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of address that he is no longer incarcerated. For the court to assess whether plaintiff is entitled to
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proceed in forma pauperis, he must apply to proceed in forma pauperis under the general
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provisions of 28 U.S.C. § 1915(a)(1). Accordingly, the court will provide plaintiff with an
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opportunity to submit a non-prisoner affidavit in support of his request to proceed in forma
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pauperis or the required filing fee ($350.00).
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Accordingly, IT IS HEREBY ORDERED that:
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1. Within thirty days from the date of service of this order, plaintiff shall submit a
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non-prisoner affidavit in support of his request to proceed in forma pauperis or the required filing
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fee ($350.00). Plaintiff is cautioned that failure to comply with this order or seek an extension of
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time to do so will result in a recommendation that this action be dismissed without prejudice; and
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2. The Clerk of the Court is directed to send plaintiff a copy of the non-prisoner
in forma pauperis form used by this district.
DATED: November 22, 2011.
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DAD:9
blan2860.ifp
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