Farley v. Virga, et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/2011 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 Appli cation 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 the 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 LEONARD FARLEY, 11 Plaintiff, 12 13 No. 2:11-cv-1830 KJN P vs. TIM VIRGA, 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 18 28 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). Therefore, plaintiff will be 22 provided the opportunity to submit a completed in forma pauperis application and a certified 23 copy in support 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 the 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: July 25, 2011 13 14 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 15 16 farl1830.3c+.new 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 Plaintiff, No. 2:#cv- vs. 7 8 9 10 NOTICE OF SUBMISSION Defendants. ____________________________________/ Plaintiff hereby submits the following document in compliance with the court's order filed : ______________ Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement 11 DATED: 12 13 14 Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 3

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