Dearwester v. California Department of Corrections and Rehabilitation et al

Filing 6

ORDER To File In Forma Pauperis Application On Form Provided With Order (Doc. 2 ), Forty-Five Day Deadline, signed by Magistrate Judge Sheila K. Oberto on 3/11/2015. (Motion for IFP due by 5/1/2015) (Attachments: # 1 IFP Application & Instructions)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,
Plaintiff,

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Case No. 1:15-cv-00354-SKO (PC)
ORDER TO FILE IN FORMA PAUPERIS
APPLICATION ON FORM PROVIDED
WITH ORDER

v.
CALIFORNIA DEPT. OF CORRECTIONS
AND REHABILITATION, et al.,

(Doc. 2)
FORTY-FIVE DAY DEADLINE

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Defendants.
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_____________________________________/
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Plaintiff Frank Lee Dearwester, a state prisoner proceeding pro se, filed this civil rights

18 action pursuant to 42 U.S.C. § 1983 on February 27, 2015. Plaintiff filed an application to
19 proceed in forma pauperis pursuant to 28 U.S.C. § 1915, but the form he used does not include
20 this court’s requisite language acknowledging the fee will be deducted in increments from his trust
21 account if funds are available.

Therefore, Plaintiff shall sign and file the application form

22 provided with this order. Plaintiff does not need to have the trust account officer complete the
23 certification or submit a trust account statement. The application form he filed on February 27,
24 2015, is sufficient with respect to those requirements.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Clerk’s Office shall send Plaintiff the form for application to proceed in forma
pauperis used by this court;

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2.

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Within forty-five (45) days from the date of service of this order, Plaintiff shall
sign and file the application to proceed in forma pauperis; and

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Failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

March 11, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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