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Benyamini v. Forsthy

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


October 30, 2009

ROBERT P. BENYAMINI, PLAINTIFF,
v.
T. FORSTHY, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights complaint pursuant to 42 U.S.C. § 1983. On October 6, 2009, the court ordered petitioner to submit either the filing fee or a properly completed application to proceed in forma pauperis. On October 20, 2009, plaintiff filed a motion requesting that this action be stayed because he suffers from several medical conditions, is in need of gallbladder surgery, and takes medications that affect his concentration. The court will grant plaintiff an extension of time to submit his in forma pauperis application; however, the court will not stay this action. Plaintiff is cautioned that he must diligently proceed with this action, and if he is unable to do so, he may request that this action be voluntarily dismissed without prejudice and re-file his action at a later date. See Fed. R. Civ. P. 41(b).

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's October 20, 2009 motion for a stay (Doc. No. 4) is denied; and

2. Plaintiff is granted thirty days from the date of this order to submit either the filing fee or an application requesting leave to proceed in forma pauperis. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.

20091030

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