Lopez v. Lemon et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 5/19/11 ORDERING that Plaintiff shall 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 C lerk of Court; Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAFAEL LOPEZ,

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Plaintiff,

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vs.

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No. 2:11-cv-1289 KJN P

C. LEMON, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request which must be

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completed by plaintiff’s institution of incarceration has not been filled out. Nor has plaintiff

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filed a certified copy of his prison trust account statement for the six-month period immediately

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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Therefore, plaintiff will be

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provided the opportunity to submit a completed in forma pauperis application and a certified

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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. 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; 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: May 19, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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