Russell
(PC) Foster v. Russell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JOE FOSTER, Sr., No. 2:19-cv-2162-EFB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
ELLIOT, et al., Defendants. 16 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 U.S.C. § 1983. On October 30, 2019, the court found that plaintiff had failed to pay the $400 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). ECF No. 5. Accordingly, the court directed the Clerk to send plaintiff another Application to Proceed In Forma Pauperis and ordered plaintiff to submit the filing fee or the completed application within thirty days. Id. The court also warned plaintiff that failure to do so would result in this action being dismissed. Id. The time for acting has now passed and plaintiff has not submitted the filing fee, a completed application for leave…