McClellan v. Haviland et al

Filing 4

ORDER to Submit New Application to Proceed In Forma Pauperis AND Certified Copy of Trust Account Statement OR Pay Filing Fee Within Thirty (30) Days signed by Judge Sandra M. Snyder on 11/8/07. IFP Deadline due by 12/12/2007. (Enclosed: IFP Application and Instructions) (Verduzco, M)

(PC) McClellan v. Haviland et al

Doc. 4

Case 1:07-cv-01607-OWW-SMS

Document 4

Filed 11/08/2007

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1 2 3 4 5 6 7 8 9 10 11 12 vs. 13 J. HAVILAND, et al., 14 Defendants. 15 / 16 17 18 19 20 21 22 23 24 25 26 -1Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

GREGORY McCLELLAN, Plaintiff,

1:07-cv-01607-OWW-SMS (PC) ORDER TO SUBMIT NEW APPLICATION TO PROCEED IN FORMA PAUPERIS AND CERTIFIED COPY OF TRUST ACCOUNT STATEMENT OR PAY FILING FEE WITHIN THIRTY (30) DAYS

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983, 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 was deficient as follows: The application did not include the required original signature by an authorized officer of the institution of incarceration. 28 U.S.C. § 1915(a)(2). The application did not include a certified copy of plaintiff's prison trust account statement for the six month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(a)(2).

Case 1:07-cv-01607-OWW-SMS

Document 4

Filed 11/08/2007

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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. Plaintiff is informed that it is his responsibility to follow procedures at the prison to ensure that the court received the required documents or filing fee. Accordingly, IT IS HEREBY ORDERED that: 1. in forma pauperis. 2. Within thirty (30) days of the date of service of this order, plaintiff shall The Clerk's Office shall send plaintiff the form for application to proceed

submit a completed application to proceed in forma pauperis and a certified copy of his prison trust account 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. IT IS SO ORDERED. Dated: 220hhe November 8, 2007 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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