Dupree, Jr. v. Carter, et al.

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/30/14 ORDERING that Plaintiff's application to proceed in forma pauperis is dismissed without prejudice; the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within thirty days from the date of this order, a completed application to proceed in forma pauperis. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Becknal, R)

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD J. DUPREE, JR., 12 Plaintiff, 13 14 No. 2:14-cv-0976 CKD P v. ORDER SHAWN CARTER, et al.,, 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma 20 pauperis on the form used by this district. Accordingly, plaintiff’s application will be dismissed 21 and plaintiff will be provided the opportunity to submit the application on the appropriate form. 22 Plaintiff is cautioned that he must also provide a certified copy of his prison trust account 23 statement for the six month period immediately preceding the filing of his complaint. 24 In accordance with the above, IT IS HEREBY ORDERED that: 25 1. Plaintiff’s application to proceed in forma pauperis is dismissed without prejudice; 26 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 27 Forma Pauperis By a Prisoner; and 28 ///// 1 1 3. Plaintiff shall submit, within thirty days from the date of this order, a completed 2 application to proceed in forma pauperis. Plaintiff’s failure to comply with this order will result 3 in a recommendation that this action be dismissed without prejudice. 4 Dated: April 30, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 2/md; dupr0976.3d 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2