Bontty v. Rhode et al

Filing 9

ORDER signed by Magistrate Judge Dale A. Drozd on 3/2/11 DENYING without prejudice 7 and 8 Motions to Proceed IFP; Plaintiff shall submit within 30 days from the date of this order a properly completed in forma pauperis application that is signed and includes a certified copy of plaintiffs prison trust account 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)

(PC) Bontty v. Rhode et al

Doc. 9

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. RHODE, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On January 13, 2011, and again on February 2, 2011, the court instructed plaintiff to pay the filing fee or submit 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. On February 8, 2011, and February 17, 2011, plaintiff submitted new in forma pauperis applications to this court. However, plaintiff has failed to include a certified copy of his prison trust account statement and a prison official's certification. He also failed to sign his February 17, 2011 application. ///// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RUBEN J. BONTTY, Plaintiff, No. CIV S-10-3479 DAD P

ORDER

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DAD:9 bont3479.3e(2)

Plaintiff's incomplete applications will be denied without prejudice. In the interest of justice, the court will grant plaintiff one more opportunity to file a properly completed application to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(2). Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's February 8, 2011, and February 17, 2011, applications to proceed in forma pauperis (Doc. Nos. 7 & 8) are denied without prejudice; 2. Plaintiff shall submit within thirty days from the date of this order a properly completed in forma pauperis application that is signed and 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; and 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. DATED: March 2, 2011.

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