(PC) Britt v. Nyenke et al Doc.

Case 1:07-cv-01544-AWI-WMW Document 4 Filed 10/24/2007 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10

11 SEAN BRITT, 1:07cv1544 AWI-WMW (PC)

12 Plaintiff, ORDER TO SUBMIT NEW

APPLICATION TO PROCEED
13 vs. IN FORMA PAUPERIS OR
PAY FILING FEE
14 C. NYENKE,

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Defendants.
16 /

17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

18 to 42 U.S.C. § 1983, together with an application to proceed in forma pauperis pursuant to 28

19 U.S.C. § 1915 and a copy of his prison trust account statement. However, plaintiff’s application

20 to proceed in forma pauperis did not include plaintiff's required original signature. Each

21 document submitted for filing must include the original signature of the filing party or parties.

22 Local Rule 7-131; F.R.C.P. 11(a). Plaintiff will be provided the opportunity to submit a new

23 application to proceed in forma pauperis which includes his original signature, or pay the

24 $350.00 filing fee.

25 Accordingly, IT IS HEREBY ORDERED that:

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 Case 1:07-cv-01544-AWI-WMW Document 4 Filed 10/24/2007 Page 2 of 2

1 1. The Clerk’s Office shall send to plaintiff the form for application to proceed in

2 forma pauperis.

3 2. Within thirty days of the date of service of this order, plaintiff shall submit a

4 completed application to proceed in forma pauperis which includes his original signature, or in

5 the alternative, pay the $350.00 filing fee. Plaintiff is not required to re-submit a certified copy

6 of his prison trust account statement. Failure to comply with this order will result in a

7 recommendation that this action be dismissed.

9 IT IS SO O R D ER ED .

10 D ated: O ctober 24, 2007 /s/ W illiam M . W underlich

j14hj0 U N ITED STATES M AG ISTR ATE JU D G E

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