Bozeman v. California Health Care Facility

Full title: STEVE BOZEMAN, Plaintiff, v. CALIFORNIA HEALTH CARE FACILITY, Defendant.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 17, 2015

2:15-cv-1408 DAD P (E.D. Cal. Jul. 17, 2015)

Opinion

STEVE BOZEMAN, Plaintiff, v. CALIFORNIA HEALTH CARE FACILITY, Defendant. No. 2:15-cv-1408 DAD P United States District Court, E.D. California. July 17, 2015

          ORDER

          DALE A. DROZD, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not paid the required filing fee of $350.00 plus the $50.00 administrative fee nor has he filed a properly-completed application to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a) & 1915(a). Plaintiff will be granted thirty days to pay the filing fee in full or submit a properly completed application to proceed in forma pauperis.

         The court notes that plaintiff has filed a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of this action (ECF No. 1-2 at 1) and a certificate regarding funds in his trust account that has been signed by a prison official (id. at 2). Accordingly, plaintiff need not re-submit these portions of his application to proceed in forma pauperis.

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee plus the $50.00 administrative fee or a properly completed application to proceed in forma pauperis on the form provided with this order; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in dismissal of this action without prejudice; and

         2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.