Quair v. Gertz

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/2/2011 ORDERING that Pltf's 2 Motion to Proceed IFP is DISMISSED without prejudice. The Clerk to send Pltf a new IFP application. Pltf shall submit, within 30 days, a completed IFP. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMMY R. QUAIR, SR.,

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Plaintiff,

No. CIV S-11-2293 CKD P

Defendant.

ORDER

vs.
GERTZ,

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Plaintiff, a county prisoner proceeding pro se, 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. Plaintiff has not, however, filed his application for leave to

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proceed in forma pauperis on the form used by this district. Accordingly, plaintiff’s application

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will be dismissed and plaintiff will be provided the opportunity to submit the application on the

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appropriate form. Plaintiff is cautioned that he must also provide a certified copy of his prison

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trust account statement for the six month period immediately preceding the filing of his

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complaint.

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

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1. Plaintiff’s application to proceed in forma pauperis (Docket No. 2) is

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dismissed without prejudice;
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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 shall submit, within thirty days from the date of this order, a

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

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

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Dated: September 2, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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/mp
quai2293.3d

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