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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