Dekalb v. Marsh et al

Filing 8

ORDER denying 6 Motion to Proceed IFP signed by Magistrate Judge Gregory G. Hollows on 7/20/10: The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Kaminski, H)

Download PDF
(PC) Dekalb v. Marsh et al Doc. 8 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. MARSH, et al., Defendants. / Plaintiff, a county prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. On July 8, 2010, plaintiff was directed to submit an application to proceed in forma pauperis. Plaintiff has now filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint and obtained the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit the completed application and the certified copy in support of his application to proceed in forma pauperis. ///// ///// ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES DEKALB, Plaintiff, No. CIV S-10-1427 GGH P ORDER 1 2 3 4 5 6 7 8 9 10 11 12 In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's July 13, 2010 application to proceed in forma pauperis (Docket No. 6) is denied; 2. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint and the certification required on the application form. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice; and 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. DATED: July 20, 2010 /s/ Gregory G. Hollows 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 GGH:mp deka1427.3e GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?