Hooker v. Kimura-Yip et al

Filing 5

ORDER signed by Magistrate Judge John F. Moulds on 4/19/2011 ORDERING that 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 complete Applicat ion to Proceed In Forma Pauperis By a Prisoner, and a certified copy of plaintiff's prison trust account statement for the six month period immediately preceding the filing of his complaint. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. Plaintiff's failure to comply with this order may result in the dismissal of this action without prejudice.(Duong, D)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD OLIVER HOOKER, Plaintiff, 11 vs. 12 13 No. 2:11-cv-0899 JFM (TEMP) (PC) T. KIMURA-YIP, et al., Defendants. 14 ORDER / 15 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 18 U.S.C. § 1915. However, the certificate portion of the request which must be completed by 19 plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a 20 certified copy of his prison trust account statement for the six month period immediately 21 preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the 22 opportunity to submit a completed in forma pauperis application and a certified copy in support 23 of his application. 24 ///// 25 ///// 26 ///// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Within thirty days from the date of this order, plaintiff shall complete the 3 attached Notice of Submission and submit the following documents to the court: 4 5 a. A complete Application to Proceed In Forma Pauperis By a Prisoner; and 6 7 b. a certified copy of plaintiff’s prison trust account statement for the six month period immediately preceding the filing of his complaint. 8 9 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 10 3. Plaintiff’s failure to comply with this order may result in the dismissal of this 11 action without prejudice. 12 DATED: April 19, 2011. 13 14 15 16 17 /mp hook0899.3c+new 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 DONALD OLIVER HOOKER, 8 9 10 Plaintiff, vs. T. KIMURA-YIP, et al., 11 12 ____________________________________/ Plaintiff hereby submits the following document in compliance with the court's order filed : ______________ 15 Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust 16 17 NOTICE OF SUBMISSION Defendants. 13 14 No. 2:11-cv-0899 JFM (TEMP)(PC) Account Statement 18 19 DATED: 20 21 Plaintiff 22 23 24 25 26 3

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