(PC) Stevens v. Fuchs et al, No. 2:2009cv02111 - Document 12 (E.D. Cal. 2009)
Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 12/8/09 ORDERING that the 10 findings and recommendations are hereby VACATED; the clerk to send pltf a new ifp application; pltf to submit w/in 28 days, an affidavit in support of his request to proceed ifp or the appropriate filing fee; and there will be no further extensions of time. (Yin, K)
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(PC) Stevens v. Fuchs et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD L. STEVENS, 11 Plaintiff, 12 13 No. CIV S-09-2111 WBS GGH P vs. MATT FUCHS, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. On October 30, 2009, the undersigned filed findings and 18 recommendations recommending dismissal of this action for plaintiff’s failure to complete an in 19 forma pauperis application, pursuant to an order filed on August 10, 2009, or to pay the 20 appropriate filing fee. In timely objections, plaintiff asks for another opportunity to file an in 21 forma pauperis affidavit due to the insufficiency of the law library (which does not appear to be 22 an apposite reason for a delayed affidavit regarding his inmate trust account) but also because of 23 his recent transfer, which apparently caused a delay in his filing. The court will vacate the 24 findings and recommendations and grant petitioner one final opportunity either to make the 25 requisite showing for in forma pauperis status or to pay the filing fee. 26 \\\\\ 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The findings and recommendations, filed on October 30, 2009 (docket # 10), 3 are hereby VACATED; 4 5 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; 6 3. Plaintiff shall submit, within twenty-eight (28) days from the date of this order, 7 an affidavit in support of his request to proceed in forma pauperis on the form provided by the 8 Clerk of Court, or the appropriate filing fee; plaintiff's failure to comply with this order will 9 result in the dismissal of this action; and; 10 11 4. There will be no further extension of time. DATED: December 8, 2009 12 /s/ Gregory G. Hollows 13 UNITED STATES MAGISTRATE JUDGE GGH:009 14 stev2111.vac 15 16 17 18 19 20 21 22 23 24 25 26 2
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