Kelley v. Grass Valley Police Department et al

Filing 10

ORDER signed by Magistrate Judge Dale A. Drozd on 09/04/09 denying 8 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order a properly completed IFP application that includes a certified copy of plaintiff's pr ison trust account statement for the 6 month period immediately preceding the filing of the complaint in this action and a prison officials certification. The clerk of the court shall send plaintiff an application to proceed IFP by a prisoner for use in a civil rights action. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 prejudice; ///// 1 / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Although plaintiff has filed an application to proceed in forma pauperis, plaintiff's application does not include a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action or a prison official's certification. See 28 U.S.C. § 1915(a)(2). Plaintiff's incomplete application will be denied with leave to file a properly completed application to proceed in forma pauperis. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 8) is denied without ORDER vs. GRASS VALLEY POLICE DEPARTMENT, et al., ISAAC KELLEY, Plaintiff, No. CIV S-09-1679 DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAD:9 kell1679.3e

2. Plaintiff shall submit, within thirty days from the date of this order a properly completed in forma pauperis application that includes a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action and a prison official's certification; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice; and 3. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. DATED: September 4, 2009.

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