Opinion
1:22-cv-00651-BAM (PC)
06-02-2022
GERALD IBUADO, Plaintiff, v. FEDERAL PRISON ATWATER, et al., Defendants.
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE
(ECF No. 2)
ORDER TO SUBMIT NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE
THIRTY (30) DAY DEADLINE
BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE
Plaintiff Gerald Ibuado (“Plaintiff”') is a former federal prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on May 31, 2022, (ECF No. 1), together with an application to proceed IN FORMA PAUPERIS by a prisoner (ECF No. 2).
Plaintiff's complaint indicates that Plaintiff was out of custody at the time this action was filed. Therefore, Plaintiff has completed the wrong version of the IN FORMA PAUPERIS application. Plaintiff must submit the correct form, completed and signed, if he wishes for his application to be considered.
Accordingly, IT IS HEREBY ORDERED as follows:
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 serve this order and a non-prisoner application to proceed IN FORMA PAUPERIS on Plaintiff;
3. Within thirty (30) days from the date of service of this order, Plaintiff shall file the attached application to proceed IN FORMA PAUPERIS for a non-prisoner, 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.