(PC) Harrison v. California State Penitentiary, Medical Care et al, No. 2:2010cv02659 - Document 9 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 12/21/10 vacating 7 FINDINGS AND RECOMMENDATIONS; Plaintiff is granted thirty days to file an application to proceed in forma pauperis or, in the alternative, a declaration describing his attempts to obtain a completed application. (Dillon, M)
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(PC) Harrison v. California State Penitentiary, Medical Care et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KHALID HARRISON, 11 Plaintiff, 12 13 No. 2: 10-cv-2659 MCE KJN P vs. CALIFORNIA STATE PENITENTIARY MEDICAL CARE, 14 Defendant. ORDER 15 / 16 17 By order filed October 7, 2010, plaintiff was ordered to file an in forma pauperis 18 affidavit or pay the appropriate filing fee within thirty days. Thirty days passed and plaintiff did 19 not respond to the October 7, 2010 order. Accordingly, on November 18, 2010 the undersigned 20 recommended that this action be dismissed. 21 On November 24, 2010, plaintiff filed objections to the findings and 22 recommendations. Plaintiff alleges that he sent the trust office an in forma pauperis form but 23 they failed to return it. Good cause appearing, the findings and recommendations are vacated. 24 Plaintiff is granted thirty days to file an application to proceed in forma pauperis. If plaintiff is 25 unable to obtain a properly completed form, he shall file a declaration setting forth in detail his 26 attempts to obtain the form including when he submitted, to whom and any response he received. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The November 18, 2010 findings and recommendations are vacated; 3 2. Plaintiff is granted thirty days to file an application to proceed in forma 4 pauperis or, in the alternative, a declaration describing his attempts to obtain a completed 5 application; failure to comply with this order will result in a recommendation of dismissal of this 6 action. 7 DATED: December 21, 2010 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 har2659.vac 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2