(PC) Gonzalez v. Doerer

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA RONNIE GONZALEZ, No. 1:24-cv-01183 GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF EITHER TO: 13 v. (1) PAY THE FILING FEE IN FULL OR J. DOERER, (2) FILE AN APPLICATION TO PROCEED 15 Defendant. IN FORMA PAUPERIS ALONG WITH A SIX-MONTH INMATE TRUST ACCOUNT 16 STATEMENT 17 See 28 U.S.C. § 1915(a)(2) 18 PLAINTIFF’S COMPLIANCE WITH THIS ORDER DUE IN THIRTY DAYS Plaintiff, a federal inmate proceeding pro se, has filed a civil rights action pursuant to Bivens.1 See ECF No. 1 at 1. Plaintiff has neither paid the filing fee in full, or in the alternative, filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 along with a certified copy of the inmate trust account statement for the six-month period immediately preceding the filing of the complaint, either. See 28 U.S.C. § 1915(a)(2).

Federal law requires that prior to bringing an action, a plaintiff may either pay the filing fee in full or request leave to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915(a). It also 1 Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).

1 requires that incarcerated individuals who wish to proceed in forma pauperis in a civil rights action file a prison trust fund account statement that reflects the inmate’s trust fund account activity over the past six months. See 28 U.S.C. § 1915(a)(1)-(2). It is only when both the application to proceed in forma pauperis and the inmate trust account statement have been filed by a plaintiff that a court should consider an application to proceed in forma pauperis. See id. 6 Plaintiff will be provided the opportunity either to pay the filing fee in full or to submit an application to proceed in forma pauperis along with a certified copy of his inmate trust account statement. He will be given thirty days to take either course of action.

9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The Clerk of Court shall send Plaintiff an Application to Proceed In Forma Pauperis By a Prisoner, and 12 2. Within thirty days from the date of this order, Plaintiff shall either: 13 a. Pay the filing fee in full, or 14 b. File an application to proceed in forma pauperis along with a certified copy of his inmate trust account statement for the six-month period immediately preceding the filing of the complaint.

17 Plaintiff is cautioned that failure to comply with this order within the time allotted may result in a recommendation that this action be dismissed without prejudice.

IT IS SO ORDERED.

22 Dated: November 20, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE