Brown v. Felker et al

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 7/27/2011. Plaintiff shall submit, w/in 30 days from date of Order and on form provided, a properly completed In Forma Application that includes prison official's certification. Clerk directed to sent plaintiff an Application to Proceed In Forma Pauperis. (Marciel, M)

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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 BRIAN L. BROWN, 11 Plaintiff, 12 13 No. CIV S-11-1935 DAD P vs. TOM FELKER, 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 shall submit within thirty days from the date of this order a properly 3 completed in forma pauperis application that includes a prison official’s certification and a 4 certified copy of plaintiff’s prison trust account statement for the six-month period immediately 5 preceding the filing of the complaint in this action; plaintiff is cautioned that failure to comply 6 with this order or seek an extension of time to do so will result in a recommendation that this 7 action be dismissed without prejudice; and 8 9 10 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. DATED: July 27, 2011. 11 12 13 14 DAD:md brow1935.3c+.new 15 16 17 18 19 20 21 22 23 24 25 26 2

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