Navarro v. Herdon et al

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 7/16/09 ORDERING that pltf's 3 motion to proceed IFP is DENIED w/out prejudice; pltf to submit w/in 30 days, a properly completed ifp that includes a certified trust acct statement and prison official's certification; the clerk to send pltf a ifp application. (Yin, K)

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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. DEBRA HERDON, et al., Defendants. / 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. In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's July 9, 2009 motion to proceed in forma pauperis (Doc. No. 3) is denied without prejudice; ///// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARIO NAVARRO, Plaintiff, No. CIV S-09-1878 DAD P ORDER 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 DAD:9:kly nava1878.3e 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: July 16, 2009. 2

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