Opinion
2:21-cv-01248-RFB-EJY
11-27-2023
Ernest Guardado, Plaintiff, v. Charles Daniels, et al., Defendants.
ORDER
ELAYNA J. YOUCHAH, UNITED STATES MAGISTRATE JUDGE
On October 25, 2023, the Court denied Plaintiff's application to proceed in forma pauperis (“IFP”) for inmates as moot and directed Plaintiff to file an IFP application for non-prisoners or pay the $402 filing fee. ECF No. 7. On October 26, 2023, the Court's Order was returned as undeliverable because Plaintiff was no longer at Ely State Prison. ECF No. 8. Plaintiff filed an updated address on October 27, 2023. ECF No. 9.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court must send Plaintiff a copy of the Court's October 25, 2023 Order (ECF No. 7).
IT IS FURTHER ORDERED that on or before February 21, 2024, Plaintiff must either: (1) file a complete application to proceed in forma pauperis for non-prisoners; or (2) pay the filing fee of$402.
IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that failure to either pay the $402 filing fee or file a complete application to proceed in forma pauperis by a non-prisoner on or before February 21, 2024, will result in a recommendation to dismiss this action without prejudice. A dismissal without prejudice allows Plaintiff to file his case with the Court, under a new case number when he is able to file an application to proceed in forma pauperis for non-prisoners.