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Frank B. Mazzarelle v. Schwarzenegger

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


October 12, 2012

FRANK B. MAZZARELLE PLAINTIFF,
v.
SCHWARZENEGGER, ET AL. DEFENDANTS. *FN1

The opinion of the court was delivered by: Christina A. Snyder United States District Judge

AMENDED ORDER

Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed an in forma pauperis affidavit in which he states that he is presently employed and that his gross monthly earnings are $0.00. The Court has considered plaintiff's application and it is hereby DENIED. The Court concludes that the proposed application is frivolous within the meaning of 28 U.S.C. § 1915(e)(2)(B)(i).

Accordingly, IT IS HEREBY ORDERED that, within twenty (20) days from the date of this order, plaintiff shall submit the appropriate filing fee. Plaintiff is cautioned that failure to pay the fee may result in dismissal of the instant action without prejudice.

20121012

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