Edwards v. CSP Solano et al

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 2/5/09 ORDERING pltfs to submit on the forms provided by the clerk, w/in 30 days, complete applications for leave to proceed ifp, w/ the required trust acct statement as to pltf David E. Edwards, or the appropriate filing fee; and the clerk to send pltf David E. Edwards a new ifp application by a prisoner and to send pltf Jonathan Edwards an application for non-prisoners. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

DAVID E. EDWARDS, et al., Plaintiffs, vs. CSP SOLANO, et al., Defendants. /

No. CIV S-09-0275-CMK-P

ORDER

Plaintiffs, who are proceeding pro se, bring this civil rights action pursuant to 42 U.S.C. § 1983.1 Plaintiff David E. Edwards has submitted an application for leave to proceed in forma pauperis by a state prisoner. Plaintiff Jonathan Edwards has not submitted an application to proceed in forma pauperis or paid the required filing fee. Plaintiff David E. Edwards' application is deficient in that he has not submitted a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint, or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a), (a)(2). Plaintiffs will be provided the opportunity to submit either a completed application as to plaintiff David E. Edwards and an Plaintiff David E. Edwards is a state prisoner. Plaintiff Jonathan Edwards is not 1

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incarcerated.

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application for a non-prisoner as to plaintiff Jonathan Edwards, or pay the appropriate filing fee. If plaintiffs wish to proceed in forma pauperis, they must both submit completed applications. Plaintiffs are warned that failure to resolve the fee status of this case within the time provided may result in the dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 11-110. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiffs shall submit on the forms provided by the Clerk of the Court,

within 30 days from the date of this order, complete applications for leave to proceed in forma pauperis, with the required certified copy of his prison trust account statement as to plaintiff David E. Edwards, or the appropriate filing fee; and 2. The Clerk of the Court is directed to send plaintiff David E. Edwards a

new form Application to Proceed In Forma Pauperis By a Prisoner and to send plaintiff Jonathan Edwards an application for non-prisoners.

DATED: February 5, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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