IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 26, 2012
HAROLD ARMSTRONG, SR., PLAINTIFF,
R. BARNES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. He requests permission to proceed in forma pauperis under
28 U.S.C. § 1915 which authorizes the court to allow a litigant to proceed in forma pauperis if the litigant shows they are unable to pay the filing fee. A review of plaintiff's in forma pauperis application reveals he has approximately $40,000 in his inmate trust account. Therefore, he is able to pay $350 filing fee for this action.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis (Dkt. No. 12) is denied;
2. Plaintiff shall submit to the court the $350 filing fee for this action within 21 days. Failure to submit the filing fee within 21 days will result in a recommendation that this action be dismissed.
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