Stewart v. Christianson et al.

Filing 6

ORDER Denying 3 In Forma Pauperis Application without Prejudice; ORDER to Submit Prisoner Application to Proceed In Forma Pauperis or Pay Filing Fee within Forty-Five (45) Days signed by Magistrate Judge Barbara A. McAuliffe on 07/18/2017. (Attachments: # 1 IFP Application Form)(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD STEWART,

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Plaintiff,
v.
ADAM CHRISTIANSON, et al.,
Defendants.

Case No.: 1:17-cv-00936-BAM (PC)
ORDER DENYING IN FORMA PAUPERIS
APPLICATION WITHOUT PREJUDICE
(ECF No. 3)
ORDER TO SUBMIT PRISONER
APPLICATION TO PROCEED IN FORMA
PAUPERIS OR PAY FILING FEE WITHIN
FORTY-FIVE (45) DAYS

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Plaintiff Gerald Stewart (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on July 7, 2017, together with a

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motion requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1,

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3.) On July 14, 2017, this matter was transferred from the Sacramento Division to the Fresno

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Division of the United States District Court for the Eastern District of California. (ECF No. 4.)

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Plaintiff’s application to proceed in forma pauperis form is incomplete. Plaintiff has not

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signed or dated the form. In addition, there is no certified copy of Plaintiff’s trust account

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statement for the past six months attached to the application as the instructions require, nor is the

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certificate portion of the form dated, signed, or filled-out by an authorized officer of the

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correctional institution. Plaintiff must submit a completed form if he wishes for the application to
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be considered.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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prejudice;

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2.

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Plaintiff’s motion to proceed in forma pauperis (ECF No. 3) is DENIED, without

The Clerk of the Court is directed to serve this order and a blank IFP application

for a prisoner on Plaintiff;
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Within forty-five (45) days from the date of service of this order, Plaintiff shall

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file the attached application to proceed in forma pauperis, completed and signed, or in the

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alternative, pay the $400.00 filing fee for this action;

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4.

No extension of time will be granted without a showing of good cause; and

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5.

Plaintiff is warned that the failure to comply with this order will result in

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dismissal of this action, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 18, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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