(PC) Gibbs v. County of Shasta et al, No. 2:2018cv02262 - Document 13 (E.D. Cal. 2019)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 1/9/2019 GRANTING Plaintiff 30 days from the date of this order to file an application for leave to proceed IFP. Should Plaintiff fail to timely comply, the findings and recommendations will be submitted to the district judge for consideration. (Henshaw, R)

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(PC) Gibbs v. County of Shasta et al Doc. 13 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROBERT A. GIBBS, 11 No. 2:18-cv-2262-MCE-EFB P Plaintiff, 12 v. ORDER 13 COUNTY OF SHASTA, et al., 14 Defendants. 15 Plaintiff is a former county jail inmate proceeding without counsel in an action brought 16 17 under 42 U.S.C. § 1983. On November 16, 2018, the court issued findings and recommendations, 18 which recommended dismissal of this action after plaintiff failed to pay the filing fee required by 19 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and 20 trust account statement required by 28 U.S.C. § 1915(a). ECF No. 8. Thereafter, plaintiff filed 21 objections to the finding and recommendations, stating that he had “received no cooperation from 22 Shasta County Jail” and requesting an extension of time. ECF No. 9. The court granted 23 plaintiff’s request for an extension of time. ECF No. 10. Plaintiff now seeks another extension of 24 time stating that he has been released from jail custody and needs the non-prisoner application 25 form. ECF No. 12. The court will grant plaintiff one final opportunity to submit an application 26 for leave to proceed in forma pauperis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff has 30 days from the date of this order to file an application for leave to 3 proceed in forma pauperis. Should plaintiff fail to timely comply, the findings and 4 recommendations will be submitted to the district judge for consideration. 5 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 6 Forma Pauperis. 7 DATED: January 9, 2019. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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