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HUNTER v. DO-WILLIAMS, 2:15-cv-1971 KJN P. (2016)

Court: District Court, E.D. California Number: infdco20160113684 Visitors: 13
Filed: Jan. 12, 2016
Latest Update: Jan. 12, 2016
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding without counsel. Plaintiff consented to magistrate judge jurisdiction for all purposes pursuant to 28 U.S.C. 636(c) and Local Rule 305(a). See ECF No. 10. On December 15, 2015, plaintiff's application to proceed in forma pauperis was denied, and plaintiff was directed to pay the $350.00 filing fee required to commence a civil action in federal district court. However, the court inadvertently failed t
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ORDER

Plaintiff is a state prisoner, proceeding without counsel. Plaintiff consented to magistrate judge jurisdiction for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). See ECF No. 10. On December 15, 2015, plaintiff's application to proceed in forma pauperis was denied, and plaintiff was directed to pay the $350.00 filing fee required to commence a civil action in federal district court.

However, the court inadvertently failed to inform plaintiff that he must also pay the $50.00 administrative filing fee. Litigants proceeding in forma pauperis are not required to pay the $50.00 administrative fee. Because the court found that plaintiff made an inadequate showing of indigency and was required to pay the filing fee, plaintiff is required to pay the $350.00 filing fee and the $50.00 administrative fee for a civil action. See 28 U.S.C. §§ 1914(a), 1915(a).

Plaintiff has now paid the $350.00 filing fee. Thus, plaintiff is granted an extension of time in which to pay the administrative fee. Plaintiff is cautioned that failure to pay the administrative fee will result in an order dismissing this action.

Accordingly, IT IS HEREBY ORDERED that, within twenty-one days from the date of this order, plaintiff shall submit the $50.00 administrative fee.

Source:  Leagle

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