Dismuke v. Rodriguez et al

Filing 11

ORDER signed by District Judge Edward F. Shea on 1/13/09 ORDERING that within 40 days of the date of service of this order, pltf shall submit a signed and completed ifp appl. (Kastilahn, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Before the Court is pro se state prisoner Plaintiff Melvin Dismuke's Application to Proceed In Forma Pauperis (Ct. Rec. 2), filed October 15, 2008, and supplemented on December 1, 2008 (Ct. Rec. 7). Plaintiff MELVIN DISMUKE, NO. CV-08-2444-EFS (PC) Plaintiff, v. OFFICER R. RODRIGUEZ, J. COUGHLIN, S. PALOMARES, and PALIMANO, Defendants. ORDER REQUIRING PLAINTIFF TO SUBMIT SIGNED APPLICATION TO PROCEED IN FORMA PAUPERIS WITHIN 40 DAYS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

purportedly asserts that he is unable to pay the full $350.00 filing fee or provide the necessary security. certified prison trust account the Plaintiff provided a copy of a for the six-month period

statement of his

immediately

preceding

filing

complaint.

Plaintiff's

Application to Proceed In Forma Pauperis is deficient, however, because it is unsigned. See FED. R. CIV. P. 11(a) (requiring every pleading to be

signed by either the attorney of record or the party personally if the party is unrepresented). The Court is unable to rule on the application

until a signed application is received. ORDER * 1

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Accordingly, IT IS HEREBY ORDERED:

Within forty (40) days of the

date of service of this Order, Plaintiff shall submit a signed and completed Application to Proceed In Forma Pauperis. Plaintiff is warned

that failure to comply with this Order may result in dismissal of this action. IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward a copy to Plaintiff, along with a copy of the Application to Proceed in Forma Pauperis by a Prisoner. DATED this 13th day of January 2009

S/ Edward F. Shea EDWARD F. SHEA United States District Judge
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ORDER * 2