Quair v. Gertz

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/23/11 ordering plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint and the certification require on the application form. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)

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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,

Defendant.

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No. CIV S-11-2293 CKD P

ORDER

vs.
GERTZ,

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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. On September 6, 2011, plaintiff was directed to complete the application to

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proceed in forma pauperis form. Plaintiff has now filed a request for leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his

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

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complaint and obtained the certification required on the application form. See 28 U.S.C.

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§ 1915(a)(2). Plaintiff will be provided the opportunity to submit the completed application and

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the certified copy in support of his application to proceed in forma pauperis.

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

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1. Plaintiff shall submit, within thirty days from the date of this order, a certified

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

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filing of the complaint and the certification required on the application form. Plaintiff’s failure to

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comply with this order will result in a recommendation that this action be dismissed without

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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.
Dated: September 23, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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quai2293.3e

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