Lau v. California Government Code 68635

Filing 13

ORDER signed by Magistrate Judge Dale A. Drozd on 4/20/10 ORDERING that plaintiff shall submit, within 30 days from the date of this order a properly completed in forma pauperis application that includes a certified copy of plaintiffs prison trust ac count statement for the six-month period immediately preceding the filing of the complaint in this action and a prison officials certification; 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.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 / Plaintiff is a state prisoner proceeding pro se. Plaintiff commenced this civil rights action by filing a complaint, together with an incomplete in forma pauperis application. On February 16, 2010, the court denied plaintiff's in forma pauperis application without prejudice and ordered plaintiff to submit within thirty days a properly completed in forma pauperis application. In response to the court's order, plaintiff filed a notice of interlocutory appeal, which the Ninth Circuit recently dismissed for lack of jurisdiction. In the interest of justice, the court will grant plaintiff a final thirty days to file a properly completed in forma pauperis application that includes a certified copy of his 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's failure to comply with this order will result in a recommendation that this action be dismissed. 1 ORDER vs. CALIFORNIA GOVERNMENT CODE 68635, HON LAU, Plaintiff, No. CIV S-10-0297 DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAD:9 lau0297.3e(2)

Accordingly, IT IS HEREBY ORDERED that: 1. 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 will result in a recommendation that this action be dismissed without prejudice; and 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. DATED: April 20, 2010.

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