Opinion
1:21-cv-00927-HBK
06-15-2021
JOHN PAUL FRANK SCHOWACHERT, Plaintiff, v. BILL POLLEY, Jail Commander, Tuolumne County Jail, Defendant.
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS
(DOC. NO. 2)
ORDER TO SUBMIT COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN THIRTY (30) DAYS
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. (Doc. No. 1). Concurrent with the complaint, Plaintiff filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. No. 2). However, the application to proceed in forma pauperis is deficient because most sections are incomplete, and Plaintiff failed to sign the it lacks Plaintiff's original signature. (Id.). Each document submitted for filing must include the original signature of the filing party or parties. Local Rule 131(b); Fed.R.Civ.P. 11(a).
Accordingly, it is ORDERED:
1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is DENIED without prejudice.
2. Within thirty (30) days of the date of service of this order, Plaintiff shall fully complete, sign and re-submit the enclosed application to proceed in forma pauperis, with Plaintiffs original signature, or in the alternative, pay the $402.00 filing fee for this action. Failure to comply with this order will result in dismissal of this action 3. The Clerk of Court is directed to provide Plaintiff a copy of the court's in forma pauperis application.
IT IS SO ORDERED.