McMillan v. Pfile, et al.

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/2013 ORDERING plaintiff shall submit, within 30 days, a completed affidavit in support of his request to proceed ifp and a certified copy of his trust account statement; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice; and the Clerk shall send plaintiff a new ifp application. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWIN McMILLAN, 11 Plaintiff, 12 vs. 13 No. 2:13-cv-0578 KJN P A. PFILE, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding without counsel or “pro se,” has filed a civil 17 rights action pursuant to 42 U.S.C. § 1983, together with a request for leave to proceed in forma 18 pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request, which 19 must be completed by plaintiff’s institution of incarceration, has not been filled out. Nor has 20 plaintiff filed a certified copy of his prison trust account statement for the six-month period 21 preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Therefore, plaintiff will be 22 provided the opportunity to submit a completed in forma pauperis application with the required 23 certifications.1 24 1 25 26 In an unsigned declaration, dated March 20, 2013, attached to his request to proceed in forma pauperis, plaintiff states that he requested the necessary documentation 14 days before. (See Dkt. No. 2 at 3-4.) However, the court finds that this not an unreasonable period of time, and will therefore require that plaintiff adhere to the statutory certification requirements. In 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within thirty (30) days from the filing date of this order, 3 a completed affidavit in support of his request to proceed in forma pauperis on the form 4 provided by the Clerk of Court; and a certified copy of his prison trust account statement for the 5 six-month period immediately preceding the filing of the complaint. 6 7 2. Plaintiff’s failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. 8 9 10 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. DATED: March 28, 2013 11 12 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 13 14 mcmi0578.3c+new 15 16 17 18 19 20 21 22 23 24 25 26 addition, the court has reviewed plaintiff’s request for injunctive relief (Dkt. No. 3), and finds that it does not present any matter so urgent as to require deviation from the routine certification requirements for initiating a prisoner civil rights action. 2