Gutierrez v. 5th Appeal Court

Filing 16

ORDER signed by Magistrate Judge Dale A. Drozd on 7/5/11 ORDERING that Plaintiff submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Cou rt; the Clerk of the Court directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; andthat Plaintiff submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO GUTIERREZ,

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Plaintiff,

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No. CIV S-11-1062 DAD P

vs.

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FIFTH APPEAL COURT,

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Defendant.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On May 6, 2011, the court denied plaintiff’s request for leave to proceed in

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forma pauperis because he had not submitted his request on the proper form. The court also

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granted plaintiff thirty days to file a proper request. On May 27, 2011, the court granted plaintiff

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an extension of time to comply with the court’s order of May 6, 2011.

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Plaintiff has since filed a new request for leave to proceed in forma pauperis.

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However, the certificate portion of the request which must be completed by plaintiff’s institution

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of incarceration has not been filled out. Also, plaintiff has not filed a certified copy of his prison

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trust account statement for the six month period immediately preceding the filing of the

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complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit a

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completed in forma pauperis application and a certified copy in support of his application.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, a

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completed affidavit in support of his request to proceed in forma pauperis on the form provided

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by the Clerk of Court;

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2. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner; and

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3. Plaintiff shall submit, within thirty days from the date of this order, a certified

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copy of his prison trust account statement for the six month period immediately preceding the

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filing of the complaint. Plaintiff’s failure to comply with this order will result in a

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recommendation that this action be dismissed without prejudice.

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DATED: July 5, 2011.

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DAD:9:kly
guti1062.3c+new

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