Opinion
1:11-cv-01339-LJO SKO
08-29-2011
CARLOS GILBERT LAW, Plaintiff, v. GREGORY STEVEN MILLER, et al., Defendants.
ORDER REQUIRING PLAINTIFF TO FILE APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE WITHIN THIRTY DAYS
ORDER DIRECTING CLERK TO SEND PRISONER IFP APPLICATION TO DEFENDANT
(Doc. 2)
Plaintiff, a prisoner proceeding pro se, filed this civil action on August 12, 2011. Plaintiff filed a motion seeking leave to proceed in forma pauperis, but the form application he submitted lacks the requisite authorization for the deduction of the filing fee from Plaintiff's trust account as funds are available. 28 U.S.C. § 1915. (Doc. 2). In a letter received on August 25, 2011, Plaintiff informed the Court that his complaint was not alleging a civil rights claim pursuant 42 U.S.C. § 1983 (Doc. 4). Plaintiff, however, failed to comply with the Court's order to submit a fully complete form application to proceed in forma pauperis that includes the authorization for the deduction of the filing fee from Plaintiff's trust account. Plaintiff is informed that he is required to complete this form for all civil actions, not just Section 1983 claims. Plaintiff's case cannot proceed unless this form is filed.
Accordingly, IT IS HEREBY ORDERED that:
1. 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 $350.00 filing fee for this action;
2. No extension of time will be granted without a showing of good cause; and
3. The failure to comply with this order will result in dismissal of this action, without prejudice.
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE