Arceo v. DVI, et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/11 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 30 days from the date of this order, a completed application to proceed in forma pauperis.(Dillon, 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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ANTHONY ARCEO,

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Plaintiff,

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No. 2:11-cv-2396 KJN P

vs.
SOCORRO SALINAS, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding without counsel, 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. Use of the form assists plaintiff to

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establish and the court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915

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(b)(1) and (2). Accordingly, plaintiff’s application will be dismissed and plaintiff will be

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provided the opportunity to submit the application on the appropriate form. Plaintiff is cautioned

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that he must also provide a certified copy of his prison trust account statement for the six month

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period immediately preceding the filing of his 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 is 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; 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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may result in the dismissal of this action without prejudice.

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DATED: September 16, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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arce2396.3d

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