Winstead v. Matevousian et al
ORDER DENYING 2 Motion to Proceed IFP and ORDER Requiring Plaintiff to File Completed Application to Proceed In Forma Pauperis or Pay Filing Fee Within Forty-Five (45) Days signed by Magistrate Judge Barbara A. McAuliffe on 7/20/2017. (Attachments: # 1 IFP Application). (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MARCUS KERNELL WINSTEAD,
ORDER DENYING MOTION TO PROCEED
IN FORMA PAUPERIS
(ECF No. 2)
ANDRE MATEVOUSIAN, et al.,
ORDER REQUIRING PLAINTIFF TO FILE
COMPLETED APPLICATION TO PROCEED
IN FORMA PAUPERIS OR PAY FILING FEE
FORTY-FIVE (45) DAY DEADLINE
Case No. 1:17-cv-00951-BAM (PC)
Plaintiff Marcus Kernell Winstead (“Plaintiff”) is a federal prisoner proceeding pro se in
this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971). On July 17, 2017, Plaintiff filed a complaint, together with a
motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.)
Plaintiff’s application to proceed in forma pauperis is incomplete. There is no certified
copy of Plaintiff’s trust account statement for the past six months attached to the application as
the instructions require, nor is the certificate portion of the form dated, signed, or filled-out by an
authorized officer of the correctional institution.
Plaintiff has attached a declaration requesting to file his application to proceed in forma
pauperis without the 6-month printout or staff signature because prison staff have refused to print
out his trust account statement and there is currently no warden at his institution that he can
appeal to. Plaintiff further states that because members of the prison staff are aware of his
lawsuit, they refuse to give him stamps, copies, and forms. Plaintiff declares that he currently has
an account balance of $95.00, which is frozen for a fine from Atwater. (ECF No. 2.)
Based on Plaintiff’s application to proceed in forma pauperis and attached declaration, the
Court finds that Plaintiff has made a good faith effort to complete his application. However, the
Court declines to grant Plaintiff’s request to proceed without a certified trust account statement.
Plaintiff must submit a completed form if he wishes for the application to be considered.
Plaintiff states that he anticipates being transferred to USP Lewisburg in Lewisburg,
Pennsylvania in the next week or two. (ECF No. 2.) Based on this information, the Court finds it
appropriate to grant Plaintiff additional time to file a completed application to proceed in forma
pauperis upon reaching USP Lewisburg.
Accordingly, it is HEREBY ORDERED that:
Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED, without
Within forty-five (45) days from the date of service of this order, Plaintiff shall
file the attached application to proceed in forma pauperis, completed and signed, or in the
alternative, pay the $400.00 initial filing fee for this action;
No extension of time will be granted without a showing of good cause; and
The failure to comply with this order will result in dismissal of this action
IT IS SO ORDERED.
July 20, 2017
UNITED STATES MAGISTRATE JUDGE
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