(PC) Winston v. United States

6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA LEANTHONY T. WINSTON, 1:23-cv-01166-GSA (PC) 10 Plaintiff, ORDER TO SUBMIT APPLICATION 11 v. TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE ON OR BEFORE UNITED STATES OF AMERICA, SEPTEMBER 15, 2023 13 Defendant.

15 Plaintiff is a federal prisoner proceeding pro se in a civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). Plaintiff has not paid the $402.00 filing fee or submitted an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

18 Accordingly, IT IS HEREBY ORDERED that: 19 1. The Clerk’s Office shall send to plaintiff the form for application to proceed in forma pauperis.

21 2. On or before September 15, 2023, plaintiff shall submit the attached application to proceed in forma pauperis, completed and signed, or in the alternative, pay the $402.00 filing fee for this action. Failure to comply with this order will result in dismissal of this action.

IT IS SO ORDERED.

Dated: August 14, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE