Turner v. Shepherd et al
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 9/8/11 ORDERING the June 27, 2011 findings and recommendations are vacated; Plaintiff shall submit, within thirty days from the date of this order EITHER proof that he submitted a completed in forma pauperis application to officials at CSP-Corcoran for certification, OR 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 applicatio n form. Plaintiffs failure to comply with this order will result in renewed recommendation that this action be dismissed without prejudice; and the Clerk is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY R. TURNER,
Plaintiff,
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No. 2:11-cv-0451 MCE JFM (PC)
vs.
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DIANE SHEPARD, et al.,
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Defendants.
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ORDER
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant
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to 42 U.S.C. § 1983. On March 28, 2011 and April 20, 2011, plaintiff was directed to complete
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the in forma pauperis application form. Because plaintiff did not file a completed application
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form, the undersigned issued findings and recommendations on June 27, 2011 recommending
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that this action be dismissed without prejudice.
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On July 11, 2011, plaintiff filed a request for leave to proceed in forma pauperis
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pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust
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account statement for the six month period immediately preceding the filing of the complaint and
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obtained the certification required on the application form. See 28 U.S.C. § 1915(a)(2). In his
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request to proceed in forma pauperis, plaintiff contends the accountant at California State Prison
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– Corcoran (“CSP-Corcoran”), where he is presently housed, refuses to sign the certificate
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portion of the application.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. The June 27, 2011 findings and recommendations are vacated;
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2. Plaintiff shall submit, within thirty days from the date of this order EITHER
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proof that he submitted a completed in forma pauperis application to officials at CSP-Corcoran
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for certification, OR a certified copy of his prison trust account statement for the six month
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period immediately preceding the filing of the complaint and the certification required on the
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application form. Plaintiff’s failure to comply with this order will result in renewed
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recommendation that this action be dismissed without prejudice; and
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3. The Clerk of the Court is directed to send plaintiff a new Application to
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Proceed In Forma Pauperis By a Prisoner.
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DATED: September 8, 2011.
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/014;turn0451.3e(2)
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