Opinion
2:21-cv-1632 AC P
09-16-2021
BENJAMIN ELLIS, Plaintiff, v. A. ACOB, Defendant.
ORDER
ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE.
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an application to proceed in forma pauperis or paid the required filing fee of $350.00 plus the $52.00 administrative fee. See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff will be provided the opportunity submit either the appropriate application in support of a request to proceed in forma pauperis or the required fees totaling $402.00.
If leave to file in forma pauperis is granted, plaintiff will still be required to pay the filing fee but will be allowed to pay it in installments. Litigants proceeding in forma pauperis are not required to pay the $52.00 administrative fee.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Within thirty days from the service of this order, plaintiff shall submit an application in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court or the required fees in the amount of $402.00. Failure to comply with this order will result in a recommendation that this action be dismissed.
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.