Winstead v. Matevousian et al

Filing 4

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)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

MARCUS KERNELL WINSTEAD,

10
11
12
13

Plaintiff,

ORDER DENYING MOTION TO PROCEED
IN FORMA PAUPERIS

v.
(ECF No. 2)
ANDRE MATEVOUSIAN, et al.,
Defendants.

14

ORDER REQUIRING PLAINTIFF TO FILE
COMPLETED APPLICATION TO PROCEED
IN FORMA PAUPERIS OR PAY FILING FEE
FORTY-FIVE (45) DAY DEADLINE

15
16

Case No. 1:17-cv-00951-BAM (PC)

Plaintiff Marcus Kernell Winstead (“Plaintiff”) is a federal prisoner proceeding pro se in

17

this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of

18

Narcotics, 403 U.S. 388 (1971). On July 17, 2017, Plaintiff filed a complaint, together with a

19

motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.)

20

Plaintiff’s application to proceed in forma pauperis is incomplete. There is no certified

21

copy of Plaintiff’s trust account statement for the past six months attached to the application as

22

the instructions require, nor is the certificate portion of the form dated, signed, or filled-out by an

23

authorized officer of the correctional institution.

24

Plaintiff has attached a declaration requesting to file his application to proceed in forma

25

pauperis without the 6-month printout or staff signature because prison staff have refused to print

26

out his trust account statement and there is currently no warden at his institution that he can

27

appeal to. Plaintiff further states that because members of the prison staff are aware of his

28

lawsuit, they refuse to give him stamps, copies, and forms. Plaintiff declares that he currently has
1

1
2

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

3

Court finds that Plaintiff has made a good faith effort to complete his application. However, the

4

Court declines to grant Plaintiff’s request to proceed without a certified trust account statement.

5

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

6

Plaintiff states that he anticipates being transferred to USP Lewisburg in Lewisburg,

7

Pennsylvania in the next week or two. (ECF No. 2.) Based on this information, the Court finds it

8

appropriate to grant Plaintiff additional time to file a completed application to proceed in forma

9

pauperis upon reaching USP Lewisburg.

10

Accordingly, it is HEREBY ORDERED that:

11

1.

12

prejudice;

13

2.

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

14

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

15

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

16

3.

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

17

4.

The failure to comply with this order will result in dismissal of this action

18

without prejudice.

19
20
21

IT IS SO ORDERED.
Dated:

/s/ Barbara

July 20, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28
2