Burnett v. Kammack et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CARLOS ROMERO BURNETT,
KAMMACK, et al.,
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
Plaintiff Carlos Romero Burnett (“Plaintiff”) is a state prisoner proceeding pro se in this
civil action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on August 23, 2017,
together with a motion requesting leave to proceed in forma pauperis pursuant to 28 U.S.C.
§ 1915. (ECF Nos. 1, 2.)
Plaintiff’s application to proceed in forma pauperis form 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 must submit a
completed form if he wishes for the application to be considered.
Accordingly, IT IS HEREBY ORDERED as follows:
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;
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 filing fee for this action;
No extension of time will be granted without a showing of good cause; and
Plaintiff is warned that the failure to comply with this order will result in
dismissal of this action, without prejudice.
IT IS SO ORDERED.
August 29, 2017
UNITED STATES MAGISTRATE JUDGE
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