Opinion
1:22-cv-01580-SAB (PC)
02-07-2023
FREDRICK WAYNE SMITH, Plaintiff, v. KATHLEEN ALLISON, et al., Defendants.
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PAY THE FILING FEE OR SUBMIT AN IN FORMA PAUPERIS APPLICATION (ECF NO. 5)
Plaintiff Fredrick Wayne Smith is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. On December 12, 2022, the Court directed Plaintiff to submit an application to proceed in forma pauperis or pay the $402.00 filing fee within forty-five (45) days. (ECF No. 5) On December 19, 2022, the Court received a check for $400.00, which was returned to Plaintiff with instructions to submit the total amount of $402.00. (ECF No. 6.)
Plaintiff has not submitted an application to proceed in forma pauperis or paid the filing fee. Accordingly, it is HEREBY ORDERED that:
1. Plaintiff shall show cause within fourteen (14) days why the action should not be dismissed for failure to prosecute; and
2. The Clerk of Court shall not return any check received by Plaintiff for the filing fee in this action without a judicial order.
IT IS SO ORDERED.