Murphy v. Fleming

Full title: DOUGLAS MURPHY, Plaintiff, v. FLEMING, et al., Defendants.

Court: United States District Court, Eastern District of California

Date published: Aug 14, 2023

1:23-cv-01164-GSA-PC (E.D. Cal. Aug. 14, 2023)

Opinion

1:23-cv-01164-GSA-PC

08-14-2023

DOUGLAS MURPHY, Plaintiff, v. FLEMING, et al., Defendants.

GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE

ORDER TO EITHER:

(1) SUBMIT APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER;

OR

(2) PAY $402.00 FILING FEE IN FULL

ORDER FOR CLERK TO SEND PLAINTIFF AN APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER

GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE

Plaintiff is a Calavares County jail inmate proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on July 26, 2023, together with an application to proceed in forma pauperis under 28 U.S.C. § 1915. (ECF Nos. 1, 2.) However, Plaintiff's application was not submitted on the form used by this court for an application to proceed in forma pauperis by a prisoner.

Plaintiff shall be granted an opportunity to submit an application to proceed in forma pauperis by a prisoner.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk shall send Plaintiff an application to proceed in forma pauperis by a prisoner;

2. On or before August 31, 2023, Plaintiff shall either:

(a) Submit an application to proceed in forma pauperis by a prisoner to the court; or

(b) Pay the $402.00 filing fee for this action;

3. No requests for extension of time will be granted without a showing of good cause; and

4. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed.

IT IS SO ORDERED.