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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD STEWART, 12 13 14 15 16 17 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 18 19 Plaintiff Gerald Stewart (“Plaintiff”) is a state prisoner proceeding pro se in this civil 20 action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on July 7, 2017, together with a 21 motion requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 22 3.) On July 14, 2017, this matter was transferred from the Sacramento Division to the Fresno 23 Division of the United States District Court for the Eastern District of California. (ECF No. 4.) 24 Plaintiff’s application to proceed in forma pauperis form is incomplete. Plaintiff has not 25 signed or dated the form. In addition, there is no certified copy of Plaintiff’s trust account 26 statement for the past six months attached to the application as the instructions require, nor is the 27 certificate portion of the form dated, signed, or filled-out by an authorized officer of the 28 correctional institution. Plaintiff must submit a completed form if he wishes for the application to 1 1 be considered. 2 Accordingly, IT IS HEREBY ORDERED as follows: 3 1. 4 prejudice; 5 2. 6 7 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; 3. Within forty-five (45) days from the date of service of this order, Plaintiff shall 8 file the attached application to proceed in forma pauperis, completed and signed, or in the 9 alternative, pay the $400.00 filing fee for this action; 10 4. No extension of time will be granted without a showing of good cause; and 11 5. Plaintiff is warned that the failure to comply with this order will result in 12 dismissal of this action, without prejudice. 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara July 18, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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