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Candelario v. Ouirque

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 1, 2009

ANTONIO CANDELARIO, PLAINTIFF,
v.
J. OUIRQUE, ET AL, DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

SECOND ORDER TO SUBMIT SIGNED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN THIRTY (30) DAYS DEADLINE

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. On August 31, 2009, plaintiff submitted an unsigned application to proceed in forma pauperis. (Doc. 2.) On September 3, 2009, the court ordered plaintiff to submit a signed application to proceed in forma pauperis, or pay the filing fee for this action, within thirty days. (Doc. 4.) On September 25, 2009, plaintiff submitted another unsigned application. (Doc. 5.) Each document submitted for filing must include the original signature of the filing party or parties. Local Rule 7-131; F.R.C.P. 11(a). Plaintiff shall be granted another opportunity to submit a signed application, or in the alternative, to pay the filing fee for this action.

Accordingly, IT IS HEREBY ORDERED that:

Within thirty (30) days of the date of service of this order, plaintiff shall re-submit the enclosed application to proceed in forma pauperis, with plaintiff's original signature, or in the alternative, pay the $350.00 filing fee for this action.

Failure to comply with this order will result in a recommendation that this action be dismissed.

IT IS SO ORDERED.

20091001

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