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Serger v. Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 6, 2010

MICHAEL A. SERGER, PLAINTIFF,
v.
DEPUTY SHERIFF ADAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Peggy A. Leen United States Magistrate Judge

ORDER

(IFP App'n - Dkt. #9)

Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has submitted an Application to Proceed In Forma Pauperis (Dkt. #9). Based on the financial information provided, the court finds that Plaintiff has sufficient income and assets to pre-pay the costs and fees of this action. However, it appears Plaintiff is no longer incarcerated in the Napa State Hospital and now resides in Sutter County, California.

Based upon these changed circumstances,

IT IS ORDERED:

1. Plaintiff's Application to Proceed in Forma Pauperis (Dkt. #9) is DENIED WITHOUT PREJUDICE.

2. Plaintiff shall file an new Application to Proceed in Forma Pauperis, accompanied by a signed financial certificate. The Clerk of the Court shall send Plaintiff a blank application form for pro se litigants who are not incarcerated. In the alternative, Plaintiff shall make the necessary arrangements to pay the filing fee of three hundred fifty dollars ($350.00), accompanied by a copy of this Order. Plaintiff shall have thirty days from the date on which this Order is entered to comply. Failure to comply will result in a recommendation to the District Judge for dismissal of this action.

20100506

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