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Burchett v. Acker et al - 3

VIEWS: 15 PAGES: 2

									Burchett v. Acker et al                                                                                                    Doc. 3
                   Case 3:05-cv-05561-RJB-KLS             Document 3        Filed 08/30/2005      Page 1 of 2



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        8                                      UNITED STATES DISTRICT COURT
                                              WESTERN DISTRICT OF WASHINGTON
        9                                               AT TACOMA
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       11      DONALD COLE BURCHETT,
                                                                           Case No. C05-5561RJB
       12                               Plaintiff,
                                                                           ORDER TO SHOW CAUSE
       13                        v.

       14      KIMBERLY M. ACKER, et al,

       15                               Defendants.

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       18              This case has been referred to United States Magistrate Judge Karen L. Strombom pursuant to 28
       19   U.S.C. § 636(b)(1) and Local MJR 3 and 4. This matter comes before the Court on plaintiff’s filing of an
       20   application to proceed in forma pauperis and a civil rights complaint under 42 U.S.C. § 1983. Plaintiff is
       21   currently incarcerated at the Stafford Creek Correction Center, located in Aberdeen, Washington. To file a
       22   complaint and initiate legal proceedings, plaintiff must pay a filing fee of $250.00 or file a proper
       23   application to proceed in forma pauperis.
       24              On July 20, 2005, the Clerk received plaintiff’s complaint and an application to proceed in forma
       25   pauperis. (Dkt. #1). Plaintiff has supplied the Court with an older version of the acknowledgment and
       26   authorization form required by 28 U.S.C. § 1915(b), which references the previous $150.00 court filing
       27   fee. However, the court filing fee is now $250.00.
       28              Accordingly, this Court orders the following:

            ORDER
            Page - 1
                                                                                                               Dockets.Justia.com
           Case 3:05-cv-05561-RJB-KLS             Document 3         Filed 08/30/2005       Page 2 of 2



 1              (1)   Plaintiff shall seek to cure this deficiency by filing no later than September 30, 2005, a
 2                    new signed and dated acknowledgment and authorization form required by 28 U.S.C. §
 3                    1915(b) referencing the $250.00 court filing fee.
 4                    Failure to cure this deficiency as indicated herein by the above date shall be deemed a
 5                    failure to properly prosecute this matter and the Court will recommend dismissal of
 6                    this matter.
 7              (2)   The Clerk is directed to send a copy of this Order to plaintiff, along with a copy of the
 8                    appropriate acknowledgment and authorization form.
 9              DATED this 30th day of August, 2005.
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                                                             Karen L. Strombom
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     ORDER
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