Butler v. Oliveira

Full title: DERWFN BUTLER, Plaintiff, v. M. OLIVEIRA, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 9, 2015

1:15-cv-00041-GSA (PC) (E.D. Cal. Jan. 9, 2015)

Opinion

DERWFN BUTLER, Plaintiff, v. M. OLIVEIRA, et al., Defendants. No. 1:15-cv-00041-GSA (PC) United States District Court, Eastern District of California January 9, 2015

          ORDER TO SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN 45 DAYS

          GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE

         Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not paid the $400.00 filing fee, or submitted an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.¹

1 Plaintiff submitted a motion for leave to proceed in forma pauperis on December 3, 2014, to the U.S. District Court for the Northern District of California. (Doc. 3.) However, the Northern District's transfer order terminated the motion. (Doc. 4.) Therefore, Plaintiff is required to submit a new application to proceed in forma pauperis to this court.

         Accordingly, IT IS HEREBY ORDERED that:

         Within forty-five (45) days of the date of service of this order, plaintiff shall submit the attached application to proceed in forma pauperis, completed and signed, or in the alternative, pay the $400.00 filing fee for this action. No requests for extension will be granted without a showing of good cause. Within sixty (60) days of the date of service of this order, plaintiff shall submit a certified copy of his/her prison trust statement for the six month period immediately preceding the filing of the complaint. Failure to comply with this order will result in dismissal of this action.

         IT IS SO ORDERED.