Shiver v. Franco et al

Filing 5

ORDER signed by Judge Sandra M. Snyder on 08/15/2007 to Submit New Application to Proceed In Forma Pauperis and a Certified Copy of Trust Account Statement OR Pay the $350.00 Filing Fee. Filing due by 9/18/2007. (Arellano, S.)

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(PC) Shiver v. Franco et al Doc. 5 Case 1:07-cv-01128-OWW-SMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pauperis. vs. J. FRANCO, et al., Defendants. LADON SHIVER, Plaintiff, Document 5 Filed 08/16/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1:07-cv-01128-OWW-SMS (PC) ORDER TO SUBMIT A NEW APPLICATION TO PROCEED IN FORMA PAUPERIS AND A CERTIFIED COPY OF TRUST ACCOUNT STATEMENT OR PAY FILING FEE / Plaintiff, a federal prisoner proceeding pro se, has filed a civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971), together with an application to proceed in forma pauperis pursuant to 28 U.S.C. 1915. However, plaintiff's application to proceed in forma pauperis did not include the required original signature by an authorized officer of the institution of incarceration. Additionally, plaintiff has not filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. 28 U.S.C. 1915(a)(2). Plaintiff will be provided the opportunity to submit a new application to proceed in forma pauperis and a certified copy of his trust account statement, or to pay the $350.00 filing fee . Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk's Office shall send to plaintiff the form for application to proceed in forma 2. Within thirty days of the date of service of this order, plaintiff shall submit a completed application to proceed in forma pauperis and a certified copy of his prison trust account Dockets.Justia.com Case 1:07-cv-01128-OWW-SMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: i0d3h8 August 15, 2007 Document 5 Filed 08/16/2007 Page 2 of 2 statement for the six month period immediately preceding the filing of the complaint, or in the alternative, to pay the $350.00 filing fee for this action. Failure to comply with this order will result in a recommendation that this action be dismissed. /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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