Kilgore v. Virga et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/11 ORDERING that w/i 30 days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following: A complete Application to Proceed In Forma Paupe ris By a Prisoner; and a certified copy of plaintiff's prison trust acct stmt for the 6 month period immediately preceding the filing of the complaint; The Clerk is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff's failure to comply with this order may result in the dismissal of this action without prejudice. (Becknal, 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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IVAN KILGORE,

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Plaintiff,

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No. 2:11-cv-1822 KJN P

vs.
TIM VIRGA, Warden, et al.,

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Defendants.

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ORDER
/

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. However, the certificate portion of the request which must be completed by

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plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a

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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. Within thirty days from the date of this order, plaintiff shall complete the

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attached Notice of Submission and submit the following documents to the court:

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a. A complete Application to Proceed In Forma Pauperis By a Prisoner;
and

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b. a certified copy of plaintiff’s prison trust account statement for the six
month period immediately preceding the filing of the complaint.

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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’s failure to comply with this order may result in the dismissal of this

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action without prejudice.

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DATED: July 18, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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kilg1822.3c

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IVAN KILGORE,

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Plaintiff,
vs.
TIM VIRGA, Warden, et al.,

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NOTICE OF SUBMISSION

Defendants.
_____________________________/

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No. 2:11-cv-1822 KJN P

Plaintiff hereby submits the following document in compliance with the court's
order filed

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:
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Complete Application to Proceed In Forma Pauperis

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By a Prisoner/Certified Copy of Prison Trust Account

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Statement

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DATED:

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Plaintiff