Ellington v. Director Of Corrections et al

Filing 13

ORDER signed by Magistrate Judge John F. Moulds on 12/10/09 ORDERING that within 30 days from the date of this order, plaintiff shall complete theattached Notice of Submission and submit a properly completed application to proceed in forma pauperis to the court. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

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 DIRECTOR OF CORRECTIONS, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1). On November 5, 2009, plaintiff was directed to provide a completed in forma pauperis application along with a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). On November 30, 2009, plaintiff filed a motion to proceed in forma pauperis, but again the certificate portion of the request was not completed and no certified copy of the prison trust account statement was provided. Plaintiff provided a letter of explanation in which he states the in forma pauperis application was returned to him by prison officials with a post-it note on it, 1 ORDER vs. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARCUS RUBEN ELLINGTON, Plaintiff, No. 2:09-cv-2985 JFM

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signed by an unidentified "V. Scruggs," stating that he/she needs the entire form filled out and signed to process. Plaintiff asks the court to require prison officials to fax a certification of indigency to the court so that the court may review his allegations of irreparable harm. However, the instant action is proceeding as to defendants at High Desert State Prison, from which plaintiff was recently transferred. Thus, plaintiff is not at risk of irreparable harm from those defendants at the present time. Accordingly, plaintiff will be provided an additional thirty days in which to provide the completed in forma pauperis affidavit and the certified trust account statement. Plaintiff is cautioned that failure to provide these documents may result in the dismissal of this action. In accordance with the above, IT IS HEREBY ORDERED that: 1. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following documents to the court: a. A complete Application to Proceed In Forma Pauperis By a Prisoner; and b. a certified copy of plaintiff's prison trust account statement for the six month period immediately preceding the filing of the complaint. 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's failure to comply with this order may result in the dismissal of this action without prejudice. DATED: December 10, 2009.

/001; elli2985.3c2

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ____________________________________/ 16 Plaintiff hereby submits the following document in compliance with the court's 17 order filed 18 ______________ 19 20 21 22 23 Plaintiff 24 25 26 3 DATED: Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement : DIRECTOR OF CORRECTIONS, et al., Defendants. NOTICE OF SUBMISSION vs. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARCUS RUBEN ELLINGTON, Plaintiff, No. 2:09-cv-2985 JFM