Mitchell v. Cate et al

Filing 7

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/6/2011 DENYING, w/out prejudice, pltf's 2 request to proceed IFP; pltf to submit, w/in 30 days, a completed affidavit to proceed ifp ; the clerk to send pltf a new ifp application; and pltf shall submit, w/in 30 days, a certified trust acct statement. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

WESLEY MITCHELL,

11

Plaintiff,

12
13

No. CIV S-11-1240 GGH P

vs.
MATTHEW L. CATE, et al.,

14

Defendants.

15

ORDER
/

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. Plaintiff’s May 9, 2011, request to proceed in forma pauperis (Docket No. 2) is

3

denied without prejudice;

4

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

5

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

6

by the Clerk of Court;

7
8

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

9

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

10

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

11

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

12

recommendation that this action be dismissed without prejudice.

13

DATED: June 6, 2011

14
/s/ Gregory G. Hollows
15
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

16
17

GGH:kly
mitc1240.3c+new

18
19
20
21
22
23
24
25
26
2