Opinion
No. CV 06-1198-PHX-SMM (LOA).
May 22, 2006
ORDER
This is a civil rights action brought by a county jail inmate pursuant to 42 U.S.C. § 1983. Plaintiff moved for leave to proceed in forma pauperis using an outdated form which instructed him that the current filing fee is $250.00. Effective April 9, 2006, the filing fee for a civil rights action increased to $350.00. See 28 U.S.C. § 1914, amended by, Deficit Reduction Act of 2005, Pub.L. No. 109-171, 120 Stat. 4 (Feb. 8, 2006). The local rules of this Court require Plaintiff to use the current court-approved form. See LRCiv 3.4(a). Accordingly, the Court will deny Plaintiff's outdated in forma pauperis application without prejudice to renewing his request within 30 days.
Plaintiff's renewed request must use the current court-approved form. He must fill out the form completely, including the Consent to Collection of Fees From Trust Account and the Certificate of Correctional Official as to Status of Applicant's Trust Account. Plaintiff must also re-submit his certified six-month trust account statement. To assist Plaintiff, the Court will direct the Clerk of Court to send Plaintiff a current court-approved form for an in forma pauperis application. Of course, in lieu of re-applying to proceed in forma pauperis, Plaintiff may submit the $350.00 filing fee.
Plaintiff is given notice that if he fails to timely comply with every provision of this Order, or any order entered in this matter, this action will be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (district court may dismiss action for failure to comply with any order of the Court).
IT IS THEREFORE ORDERED THAT:
(1) Plaintiff's application to proceed in forma pauperis (Dkt. # 1) is denied without prejudice.
(2) The Clerk of Court shall enter a judgment of dismissal of this action, without prejudice and without further notice, if Plaintiff fails to either (a) reapply to proceed in forma pauperis using the current application or (b) pay the $350.00 filing fee. Plaintiff must comply within 30 days of the date this Order is filed.
(3) The Clerk of Court shall provide to Plaintiff the current instructions and form for an Application to Proceed In Forma Pauperis By a Prisoner Civil (Non-Habeas).
FORM