Battiste v. Duel Vocational Institution

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 10/14/09 DENYING 2 Motion to Proceed IFP without prejudice; clerk directed to send new IFP form; plaintiff shall submit completed IFP form within 30 days. (Owen, K)

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 / 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. Plaintiff has not submitted his in forma pauperis request on a proper form. Plaintiff's request for leave to proceed in forma pauperis will be denied, and plaintiff will be granted thirty days to submit a new request on a proper form. Plaintiff is cautioned that the form includes a section that must be completed by a prison official, and the application form must be accompanied by a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of this action. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's October 6, 2009 motion for leave to proceed in forma pauperis (Doc. No. 2) is denied without prejudice; 1 ORDER vs. DUEL VOCATIONAL INSTITUTION et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD ANTONIO BATTISTE, Plaintiff, No. CIV S-09-2782 DAD P

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DAD:9:kly batt2782.3d

2. 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; and 3. Plaintiff shall submit, within thirty days from the date of this order, a properly completed application to proceed in forma pauperis on the form provided with this order; 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. DATED: October 14, 2009.

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