Churchill v. California Department of Corrections et al

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/23/11 ORDERING that 2 Motion to Proceed IFP is DISMISSED without prejudice; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 28 days from the date of this order, a completed application to proceed in forma pauperis.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

DAVID H. CHURCHILL,

11
12
13

Plaintiff,

No. CIV S-11-1968 GGH P

vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, 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. Plaintiff has not, however, filed his application for leave to proceed in forma

19

pauperis on the form used by this district. Use of the form assists plaintiff to establish and the

20

court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915 (b)(1) and (2).

21

Accordingly, plaintiff’s application will be dismissed and plaintiff will be provided the

22

opportunity to submit the application on the appropriate form. Plaintiff is cautioned that he must

23

also provide a certified copy of his prison trust account statement for the six month period

24

immediately preceding the filing of his complaint.

25

In accordance with the above, IT IS HEREBY ORDERED that:

26

1. Plaintiff’s July 26, 2011 application to proceed in forma pauperis
1

1

(Docket No. 2) is dismissed without prejudice;

2
3

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

4

3. Plaintiff shall submit, within twenty-eight days from the date of this order, a

5

completed application to proceed in forma pauperis. Plaintiff’s failure to comply with this order

6

will result in a recommendation that this action be dismissed without prejudice.

7

DATED: August 23, 2011

8

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

9
GGH: AB

10

chur1968.3d

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2