(PC) Fiorito v. United States

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL FIORITO, No. 2:24-cv-0990 CKD P 12 Plaintiff, 13 v. ORDER 14 UNITED STATES OF AMERICA, 15 Defendant. 16 17 Plaintiff, a federal inmate proceeding pro se, has filed a civil rights action pursuant to 18 Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Plaintiff has not, 19 however, filed an in forma pauperis affidavit or paid the required filing fee of $350.00 plus the 20 $55.00 administrative fee.1 See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff will be provided the 21 opportunity either to submit the appropriate affidavit in support of a request to proceed in forma 22 pauperis or to submit the required fees totaling $405.00. 23 Plaintiff is cautioned that the in forma pauperis application form includes a section that 24 must be completed by a prison official, and the form must be accompanied by a certified copy of 25 plaintiff’s prison trust account statement for the six-month period immediately preceding the 26

27 1 If leave to file in forma pauperis is granted, plaintiff will still be required to pay the filing fee but will be allowed to pay it in installments. Litigants proceeding in forma pauperis are not 28 required to pay the $55.00 administrative fee. 1 | filing of this action. 2 In accordance with the above, IT IS HEREBY ORDERED that: 3 1. Plaintiff shall submit, within thirty days from the date of this order, an affidavit in 4 || support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or 5 || the required fees in the amount of $405.00; plaintiffs failure to comply with this order will result 6 | in arecommendation that this action be dismissed; and 7 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 8 | Forma Pauperis By a Prisoner. 9 | Dated: April 7, 2024 □□ / del a 10 CAROLYN DELANEY 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 12/fior0990.3a 18 19 20 21 22 23 24 25 26 27 28