(PC) Mogan v. Scotty et al, No. 2:2017cv02658 - Document 26 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 7/19/2018 ORDERING the Clerk to mail plaintiff an ifp application. Plaintiff shall return the completed ifp application form within 30 days. Should plaintiff fail to so comply, the findings and recommendations will be submitted to the district judge for consideration. (Yin, K)
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(PC) Mogan v. Scotty et al Doc. 26 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE DENNIS MOGAN, 12 Plaintiff, 13 v. 14 No. 2:17-cv-2658-MCE-EFB P SCOTTY, et al., 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On March 21, 2018, the court issued findings and recommendations, which 19 recommended dismissal of this action after plaintiff failed to either pay the filing fee or submit an 20 application for leave to proceed in forma pauperis. ECF No. 9. 21 On June 13, 2018, in response to various letters from plaintiff, the court granted plaintiff 22 another 30 days within which to pay the filing fee or seek leave to proceed in forma pauperis. 23 ECF No. 18. Since then, plaintiff has filed additional letters complaining that prison staff are 24 hindering his efforts to either pay the filing fee or seek leave to proceed in forma pauperis. See 25 ECF Nos. 19-25. Plaintiff is reminded that if he is unable to pay the filing fee, he may seek leave 26 to proceed in forma pauperis by completing the form served herewith, and returning it the court 27 within 30 days. Plaintiff need not attempt to attach a certified trust account statement or complete 28 the “Certificate” portion of the form. If plaintiff returns the form as directed, the court will order 1 Dockets.Justia.com 1 CDCR to submit the certified trust account statement directly to the court. The court is not 2 inclined to extend the time any further. 3 Accordingly, IT IS HEREBY ORDERED that 4 1. The Clerk of the Court is directed to mail to plaintiff a form application for leave to 5 proceed in forma pauperis. 6 2. Plaintiff shall return the completed in forma pauperis application form within 30 days. 7 3. Should plaintiff fail to so comply, the findings and recommendations will be 8 9 submitted to the district judge for consideration. DATED: July 19, 2018. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2