Nguon v. Virga

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 6/25/2010 ORDERING that pltf's 2 application to proceed IFP is DENIED w/out prejudice; pltf to submit, w/in 30 days a properly completed ifp application that includes certification and trust acct statement; the clerk to send pltf a civil rights ifp application; the clerk to change the designation of this case to a civil rights action. (Yin, K)

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 This case was opened by the Clerk of the Court as a habeas corpus action because plaintiff filed his complaint on a habeas corpus form. However, because plaintiff is challenging the conditions of his confinement, the court has construed plaintiff's allegations as seeking relief pursuant to 42 U.S.C. § 1983. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HUNG DUONG NGUON, Plaintiff, vs. T. VIRGA, Defendant. / 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 pursuant to 28 U.S.C. § 1915.1 Plaintiff's in forma pauperis 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. ORDER No. CIV S-10-1058 DAD P

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DAD:sj nguo1058.3e

Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis (Doc. No. 2) is denied without prejudice; 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; 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; and 4. The Clerk of the Court is directed to change the designation of this case to a civil rights action. DATED: June 25, 2010.

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