Burnett v. Kammack et al

Filing 6

ORDER Denying 5 Motion to Proceed IFP without Prejudice; ORDER to Submit Prisoner Application to Proceed In Forma Pauperis or Pay Filing Fee within Forty-Five (45) Days signed by Magistrate Judge Barbara A. McAuliffe on 09/22/2017. (Attachments: # 1 IFP Application Form)(Flores, E)

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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,
v.
KAMMACK, et al.,
Defendants.

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Case No.: 1:17-cv-01135-BAM (PC)
ORDER DENYING IN FORMA PAUPERIS
APPLICATION WITHOUT PREJUDICE
(ECF No. 5)
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.)

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On August 29, 2017, the Court issued an order denying Plaintiff’s application to proceed

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in forma pauperis because it was incomplete. There was no certified copy of Plaintiff’s trust

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account statement for the past six months attached to the application as the instructions require,

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nor was the certificate portion of the form dated, signed, or filled-out by an authorized officer of

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the correctional institution. The Court ordered Plaintiff to submit a new application within forty-

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five days. (ECF No. 3.)
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On September 21, 2017, Plaintiff submitted a renewed motion to proceed in forma

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pauperis. (ECF No. 5.) While the certificate portion of the form is completed, Plaintiff has not

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attached a certified copy of his trust account statement for the past six months, as the instructions

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require.

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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. 5) 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, and a certified

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copy of his trust account statement for the past six months, or in the alternative, pay the $400.00

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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

September 22, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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