Burnett v. Kammack et al

Filing 3

ORDER DENYING 2 Motion to Proceed IFP; ORDER to Submit Prisoner Application to Proceed In Forma Pauperis OR Pay Filing Fee Within, signed by Magistrate Judge Barbara A. McAuliffe on 8/29/17. Forty-Five Day Deadline. (Attachments: # 1 IFP App & Instructions Prisoner) (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS ROMERO BURNETT, 12 Plaintiff, 13 14 v. KAMMACK, et al., 15 Defendants. 16 17 Case No.: 1:17-cv-01135-BAM (PC) ORDER DENYING IN FORMA PAUPERIS APPLICATION WITHOUT PREJUDICE (ECF No. 2) ORDER TO SUBMIT PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN FORTY-FIVE (45) DAYS 18 Plaintiff Carlos Romero Burnett (“Plaintiff”) is a state prisoner proceeding pro se in this 19 20 civil action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 23, 2017, 21 together with a motion requesting leave to proceed in forma pauperis pursuant to 28 U.S.C. 22 § 1915. (ECF Nos. 1, 2.) Plaintiff’s application to proceed in forma pauperis form is incomplete. There is no 23 24 certified copy of Plaintiff’s trust account statement for the past six months attached to the 25 application as the instructions require, nor is the certificate portion of the form dated, signed, or 26 filled-out by an authorized officer of the correctional institution. Plaintiff must submit a 27 completed form if he wishes for the application to be considered. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. 3 prejudice; 4 2. 5 6 Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) 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 7 file the attached application to proceed in forma pauperis, completed and signed, or in the 8 alternative, pay the $400.00 filing fee for this action; 9 4. No extension of time will be granted without a showing of good cause; and 10 5. Plaintiff is warned that the failure to comply with this order will result in 11 dismissal of this action, without prejudice. 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara August 29, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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