Richardson v. Rutiaga et al Doc.

Case 1:05-cv-01423-OWW-DLB Document 3 Filed 11/22/2005 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 ALLEN RICHARDSON, 1:05-CV-1423 OWW DLB

12 Plaintiff,

13 vs. ORDER TO SUBMIT APPLICATION

TO PROCEED IN FORMA PAUPERIS
14 OR PAY FILING FEE
K. RUTIAGA,
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16 Defendant.
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18 Plaintiff, proceeding pro se, has filed a civil rights action. Plaintiff has not,

19 however, paid the filing fee for this action or submitted a completed application to proceed in

20 forma pauperis. Plaintiff will be provided the opportunity to submit a completed application to

21 proceed in forma pauperis, or pay the $250.00 filing fee.

22 In accordance with the above, IT IS HEREBY ORDERED that within thirty days

23 of the date of service of this order, plaintiff shall submit a completed application to proceed in

24 forma pauperis, or in the alternative, pay the $250.00 filing fee for this action. Failure to comply

25 with this order will result in a recommendation that this action be dismissed.

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Dockets.Justia.com
 Case 1:05-cv-01423-OWW-DLB Document 3 Filed 11/22/2005 Page 2 of 2

1 Plaintiff is further advised that if this Court permits him to proceed without prepayment

2 of fees, this Court will screen his complaint to determine if his claims are frivolous, malicious,

3 fail to state a claim on which relief may be granted, or seek monetary relief against an immune

4 defendant. See 28 U.S.C. § 1915(e). If this Court determines plaintiff’s claims are frivolous,

5 malicious, fail to state a claim on which relief may be granted, or seek monetary relief against an

6 immune defendant, this Court will dismiss plaintiff’s complaint.

7 IT IS SO ORDERED.

8 Dated: November 21, 2005 /s/ Dennis L. Beck

3c0hj8 UNITED STATES MAGISTRATE JUDGE
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