Weir v. Roy et al

Filing 5

ORDER DIRECTING Plaintiff to File an Amended Motion to Proceed In Forma Pauperis, signed by Magistrate Judge Jennifer L. Thurston on 11/14/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE WEIR,

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Plaintiff,
v.
MATTHEW ROY, et al.,
Defendants.

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Case No.: 1:14-cv-01739- --- - JLT
ORDER DIRECTING PLAINTIFF TO FILE AN
AMENDED MOTION TO PROCEED IN FORMA
PAUPERIS

Plaintiff Archie Weir initiated an action for a violation of his civil rights by filing a complaint

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and a motion to proceed in forma pauperis on November 7, 2014. (Docs. 1-2.) The Court may

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authorize the commencement of an action without prepayment of fees “but a person who submits an

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affidavit that includes a statement of all assets such person . . . possesses [and] that the person is

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unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a). The Court has reviewed the

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application and the information provided is insufficient to determine whether Plaintiff satisfies the

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requirements of 28 U.S.C. § 1915(a).

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According to his application, Plaintiff is currently incarcerated at Wasco State Prison. (Doc. 1

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at 2.) However, Plaintiff failed to have an authorized officer report he amount he has available in his

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trust account, or attach a certified copy of Plaintiff’s trust account statement showing transactions for

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the past six months. As a result, the Court is unable to determine whether Plaintiff has funds that may

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be used to pay the filing fee in this action.
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Accordingly, Plaintiff is ORDERED to file, within fourteen days of this order, an application

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that includes information regarding the sums available in his trust account, with a copy of his account

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statement certified by an authorized officer. Upon receipt of this information, the Court will resume

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consideration of Plaintiff’s motion to proceed in forma pauperis. Plaintiff is warned that failure to

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comply with this order may result in denial of his application to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

November 14, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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