Day v. Reed

Full title: BURTON DAY, Plaintiff, v. DAVID REED, Defendant.

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

Date published: Jun 4, 2013

2:13-cv-1043 DAD P (E.D. Cal. Jun. 4, 2013)

Opinion

BURTON DAY, Plaintiff, v. DAVID REED, Defendant. No. 2:13-cv-1043 DAD P United States District Court, E.D. California. June 4, 2013

          ORDER

          DALE A. DROZD, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 plus the $50.00 administrative fee nor has he filed an application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a) & 1915(a). Plaintiff will be granted thirty days to pay the filing fee and administrative fee in full or submit a properly completed application to proceed in forma pauperis.

         Plaintiff is cautioned that the in forma pauperis application form includes a section that must be completed by a prison official, and the form must be accompanied by a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of this action.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee plus the $50.00 administrative fee or a properly completed application to proceed in forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in dismissal of this action without prejudice; and

         2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.