Opinion
Case No. 2:11-cv-1664-GMN-GWF.
October 18, 2011
ORDER Civil Rights Complaint (#1)
This matter comes before the Court on Plaintiff's Civil Rights Complaint (#1), filed on October 14, 2011. Plaintiff James Robinson is proceeding in this action pro se. Plaintiff submitted a Complaint (#1) pursuant to 42 U.S.C. § 1983, but Plaintiff did not pay the required filing fee of $350.00 or file an application to proceed in Forma Pauperis in compliance with 28 U.S.C. § 1915(a)(1) and (2) and Local Rules LSR 1-1 and 1-2.
Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil action in federal district court. The Court may waive the filing fee where a prisoner-plaintiff complies with the strict application to proceed in forma pauperis filing requirements imposed by the Prison Litigation Reform Act. See 28 U.S.C. § 1915; Page v. Torrey, 201 F.3d 1136, 1139 (9th Cir. 2000). These include the requirements that the prisoner-plaintiff seeking to proceed in forma pauperis 1) submits a certified copy of his prisoner trust fund account statement for the previous six months, 2) pays the full amount of the filing fee, and 3) that a prisoner seeking to file an action regarding prison conditions first exhausts available administrative remedies, see 28 U.S.C. § 1915(a)-(b); Page, 201 F.3d at 1139. Accordingly, IT IS HEREBY ORDERED that Plaintiff shall file an Application to Proceed in Forma Pauperis, accompanied by a signed financial certificate and certified copy of his prisoner trust fund account for the previous six months. The Clerk of the Court shall send Plaintiff a blank application form for pro se litigants who are incarcerated. In the alternative, Plaintiff shall make the necessary arrangements to pay the filing fee of three hundred fifty dollars ($350.00), accompanied by a copy of this Order. Plaintiff shall have thirty (30) days from the date on which this Order is entered to comply. Failure to comply will result in a recommendation to the District Judge for dismissal of this action.