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)

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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

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