Evans v. Sisto et al

Filing 4

ORDER signed by Magistrate Judge John F. Moulds on 2/4/09 ORDERING that pltf's 2 application to proceed ifp is DISMISSED w/out prejudice; the clerk to send pltf a new ifp application; and pltf to submit a completed ifp application and a certified trust acct statement w/in 30 days. (Yin, K)

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 vs. D.K. SISTO, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma pauperis on the current form used by this district. Use of the current form assists plaintiff to establish and the court to evaluate plaintiff's in forma pauperis status in light of 28 U.S.C. § 1915 (b)(1) and (2). Accordingly, plaintiff's application will be dismissed and plaintiff will be provided the opportunity to submit the application on the appropriate form. Plaintiff is cautioned that he must also provide a certified copy of his prison trust account statement for the six month period immediately preceding the filing of his complaint. ///// ///// 1 ORDER JAMES EVANS, Plaintiff, No. 2:09-cv-0292 JFM (PC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's February 2, 2009 application to proceed in forma pauperis is dismissed without prejudice; 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 3. Plaintiff shall submit, within thirty days from the date of this order, a completed application to proceed in forma pauperis, and a certified copy of his prison trust account statement for the six month period immediately preceding the filing of his complaint. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. DATED: February 4, 2009.

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