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Abel Aguilar v. Superior Court of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 1, 2013

ABEL AGUILAR,
PLAINTIFF,
v.
SUPERIOR COURT OF CALIFORNIA, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER STRIKING APPLICATION TO PROCEED IN FORMA PAUPERIS FOR LACK OF SIGNATURE (Doc. 2.) ORDER FOR PLAINTIFF TO SUBMIT NEW APPLICATION, OR IN THE ) ALTERNATIVE, TO PAY THE $350.00 FILING FEE FOR THIS ACTION THIRTY DAY DEADLINE ) ) ORDER FOR CLERK TO SEND IFP APPLICATION TO PLAINTIFF

Abel Aguilar ("Plaintiff") is a prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. ' 1983. On January 14, 2013, Plaintiff filed an unsigned application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) All filings submitted to the Court must bear the signature of the filing party. Local Rule 131; Fed. R. Civ. P. 11(a). Therefore, Plaintiff's application to proceed in forma pauperis shall be stricken from the record for lack of signature, and Plaintiff shall be granted thirty days in which to file a new application containing his signature, or in the alternative, to pay the $350.00 filing fee for this action.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's application to proceed in forma pauperis, submitted on January 14, 2013, is STRICKEN from the record for lack of signature;

2. The Clerk shall send Plaintiff a new application to proceed in forma pauperis;

3. Plaintiff is GRANTED thirty days from the date of service of this order in which to file a new application to proceed in forma pauperis containing his signature, or in the alternative, to pay the $350.00 filing fee for this action; and

4. Plaintiff's failure to comply with this order shall result in the dismissal of this action.

IT IS SO ORDERED.

20130401

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