Walls v. Pierce County Sheriff's Department et al Doc.

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Case 3:06-cv-05679-FDB Document 2 Filed 12/01/2006 Page 1 of 2

8 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON
9 AT TACOMA

10 HILLARY WALLS,
11 Plaintiff,
Case No. C06-5679
12 v.
ORDER TO SHOW CAUSE RE:
13 PIERCE COUNTY SHERIFF’S APPLICATION TO PROCEED IN
DEPARTMENT, et al., FORMA PAUPERIS
14
Defendant.
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17 This matter comes before the Court on Plaintiff’s filing of an application to proceed in forma

18 pauperis and a civil rights complaint under 42 U.S.C. § 1983. To file a complaint and initiate legal

19 proceedings plaintiff must pay a filing fee of $350.00 or a proper application to proceed in forma

20 pauperis.

21 On November 20, 2006, the Clerk received Plaintiff’s Civil Rights Complaint and a form

22 document entitled “Declaration and Application to Proceed In Forma Pauperis by a Prisoner

23 Bringing a Civil Rights Action Pursuant to 42 U.S.C. § 1983.” Plaintiff’s answer to the first

24 question on the form document is that he is not currently incarcerated. The remainder of this first

25 inquiry notes that if not incarcerated, than “DO NOT USE THIS FORM.” Due to Plaintiff’s use of a

26 ORDER - 1

Dockets.Justia.com
 Case 3:06-cv-05679-FDB Document 2 Filed 12/01/2006 Page 2 of 2

1 form designed for the currently incarcerated, the Court is unable to make a proper determination

2 whether he is entitled to proceed in forma pauperis.

3 ACCORDINGLY, the Courts ORDERS:

4 (1) Plaintiff shall seek to cure the above deficiency by paying the full $350.00 court filing

5 fee or provide the appropriate information to the Court no later than December 22,

6 2006. Failure to cure this deficiency by the above date shall be deemed a failure to

7 properly prosecute this matter and will result in dismissal on said date.

9 DATED this 1st day of December, 2006.

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A
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FRANKLIN D. BURGESS
14 UNITED STATES DISTRICT JUDGE

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26 ORDER - 2