Opinion
2:21-04765 CJC (ADS)
06-25-2021
Tony Appleby v. CDCR, et al.
Present: The Honorable Autumn D. Spaeth, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: FILING OF COMPLAINT
On June 3, 2021, Plaintiff Tony Appleby, an inmate at California Health Care Facility, filed a Civil Rights Complaint under 42 U.S.C. § 1983. [Dkt. No. 1]. On that same day, Plaintiff filed an incomplete request to proceed without prepayment of filing fees (“IFP Request”). See [Dkt. No. 2]. Specifically, no authorized officer has certified the funds currently in Plaintiff's trust account or the account's monthly average for the past six months. See id.
If Plaintiff wishes to proceed with this lawsuit, he must either (1) pay the full $400.00 filing fees, (2) file a complete IFP Request along with the necessary accompanying documents, an authorization for disbursement of funds and a certified copy of his prison trust fund account statement, or (3) show cause why he is unable to do so by no later than July 9, 2021.
Plaintiff is expressly warned that failure to file a timely response that fully complies with this Order may result in dismissal of this action without prejudice.
The Clerk is directed to mail Plaintiff a blank copy of the District's Request to Proceed Without Prepayment of Filing Fees with Declaration in Support (CV-60P) form for Plaintiff to use to file the IFP Request.
IT IS SO ORDERED.