Randall v. Smith

Full title: JERALD RANDALL, Plaintiff, v. O. SMITH, et al., Defendants

Court: United States District Court, E.D. California

Date published: Oct 22, 2008

No. CIV S-08-2393 KJM P (E.D. Cal. Oct. 22, 2008)

Opinion

No. CIV S-08-2393 KJM P.

October 22, 2008

ORDER

KIMBERLY MUELLER, Magistrate Judge

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff will be provided the opportunity either to submit the appropriate affidavit in support of a request to proceed in forma pauperis or to submit the appropriate filing fee.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; plaintiff's failure to comply with this order will result in the dismissal of this action; and

2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.