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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS ROMERO BURNETT,

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Plaintiff,

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v.
KAMMACK, et al.,

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Defendants.

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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

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Plaintiff Carlos Romero Burnett (“Plaintiff”) is a state prisoner proceeding pro se in this

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civil action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 23, 2017,

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together with a motion requesting leave to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915. (ECF Nos. 1, 2.)
Plaintiff’s application to proceed in forma pauperis form is incomplete. There is no

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

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application as the instructions require, nor is the certificate portion of the form dated, signed, or

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filled-out by an authorized officer of the correctional institution. Plaintiff must submit a

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completed form if he wishes for the application to be considered.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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prejudice;

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2.

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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;
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Within forty-five (45) days from the date of service of this order, Plaintiff shall

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

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

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4.

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

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5.

Plaintiff is warned that the failure to comply with this order will result in

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dismissal of this action, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 29, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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