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Benyamini v. Harris

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


November 6, 2009

ROBERT P. BENYAMINI, PLAINTIFF,
v.
J.D. HARRIS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On September 11, 2009, the court ordered plaintiff to submit within thirty days either the $350.00 filing fee or a properly completed application to proceed in forma pauperis. On October 9, 2009, the court granted plaintiff's motion for a thirty-day extension of time to comply with the court's order.

On October 20, 2009, plaintiff filed a motion to stay this case because he allegedly suffers from several medical conditions and is heavily medicated. In the interest of justice, the court will grant plaintiff a second extension of time to submit the $350.00 filing fee or a properly completed application to proceed in forma pauperis; 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. 6) is denied; and

2. Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee or a properly completed application to proceed in forma pauperis; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice.

20091106

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