Diaz v. Martel et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 6/11/10 ORDERING that within 30 days from the date of this order, plaintiff shall complete the Notice of Submission and submit the following documents to the court: A complete Application to Proce ed In Forma Pauperis By a Prisoner; and a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

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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. M. MARTEL, et al., Defendants. / Plaintiff, a state prisoner proceeding without counsel, 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 that is incomplete (the second page appears to be missing). The certificate portion of the in forma pauperis application must be included and completed by plaintiff's institution of incarceration. Also, plaintiff has not filed 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). Plaintiff will be provided the opportunity to submit a completed in forma pauperis application and a certified copy in support of his application. //// //// //// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RANDOLPH M. DIAZ, Plaintiff, No. 2:10-cv-1388 KJN 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 diaz1388.3c+new 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: June 11, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2 1 2 3 4 5 6 vs. 7 8 9 10 11 DATED: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Plaintiff, No. 2:#cv- NOTICE OF SUBMISSION Defendants. ____________________________________/ Plaintiff hereby submits the following document in compliance with the court's order filed : ______________ Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement Plaintiff

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