(PC)Gibbs

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH B. GIBBS, No. 2:21-cv-2188 TLN AC P Plaintiff, v. ORDER A. HERRERA, et al., Defendants. 16 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 and a prisoner trust fund account statement. ECF Nos. 12, 13. The prisoner trust fund account statement indicates that as of March 1, 2022, plaintiff’s account contained $4,009.08. ECF No. 12 at 2. In order to commence an action, plaintiff must file a complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and plaintiff must either pay both the $350.00 filing fee and the $52.00 administrative fee for a civil action or file an application requesting leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the commencement of an action “without prepayment of fees and costs or security therefor, by a

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