Opinion
1:23-cv-01194-BAM (PC)
08-14-2023
JUSTIN J. ERBACHER, Plaintiff, v. ROBLES, et al., Defendants.
ORDER DENYING IN FORMA PA UPERIS APPLICATION WITHOUT PREJUDICE (ECF NO. 2)
ORDER TO SUBMIT SIGNED PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Plaintiff Justin J. Erbacher (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on August 10, 2023, together with a motion to proceed in forma pauperis. (ECF Nos. 1, 2.)
Based on the allegations in the complaint, the Court refers to Plaintiff using feminine pronouns. If Plaintiff has different preferred pronouns, Plaintiff may inform the Court in her next filing.
Plaintiff's application to proceed in forma pauperis is incomplete. Plaintiff did not sign the application. Both the Federal Rules of Civil Procedure and this Court's Local Rules require that all filed pleadings, motions and papers be signed by at least one attorney of record or by the party personally if the party is unrepresented. Fed.R.Civ.P. 11(a); Local Rule 131(b). As Plaintiff's application is unsigned, the application is denied, without prejudice. Plaintiff will be permitted thirty (30) days to file a signed application that complies with Federal Rules of Civil Procedure and the Local Rules. Plaintiff does not need to submit a new copy of her certified trust account statement.
Based on the foregoing, it is HEREBY ORDERED that:
1. Plaintiff's motion to proceed in forma pauperis, (ECF No. 2), is DENIED, without prejudice;
2. The Clerk of the Court is DIRECTED to send to Plaintiff a blank in forma pauperis application for a prisoner;
3. Within thirty (30) days from the date of service of this order, Plaintiff SHALL file the attached application to proceed in forma pauperis, completed and signed, or in the alternative, pay the $402.00 filing fee for this action; and
4. Plaintiff is warned that the failure to comply with this order will result in dismissal of this action, without prejudice.
IT IS SO ORDERED.