Solis v. Swarthout

Filing 4

ORDER signed by Magistrate Judge John F. Moulds on 10/3/11 ORDERING that within 30 days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following documents to the court: a complete Application to Proceed In Forma Pauperis By a Prisoner; and a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner(Dillon, 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 ALBERTO SOLIS, Plaintiff, 11 12 vs. 13 No. 2:11-cv-2419 JFM (PC) SWARTHOUT, Defendant. 14 ORDER / 15 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. Within thirty days from the date of this order, plaintiff shall complete the 3 attached Notice of Submission and submit the following documents to the court: 4 5 a. A complete Application to Proceed In Forma Pauperis By a Prisoner; and 6 7 8 9 10 b. a certified copy of plaintiff’s prison trust account statement for the six month period immediately preceding the filing of the complaint. 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 3. Plaintiff’s failure to comply with this order may result in the dismissal of this 11 action without prejudice. 12 DATED: October 3, 2011. 13 14 15 16 /md014;soli2419.3c+.new.jfm 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 7 ALBERTO SOLIS, Plaintiff, vs. SWARTHOUT, 8 9 Defendant. Plaintiff hereby submits the following document in compliance with the court's order filed 12 : ______________ 13 14 NOTICE OF SUBMISSION _____________________________/ 10 11 No. 2:11-cv-2419 JFM (PC) Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement 15 16 DATED: 17 18 Plaintiff 19 20 21 22 23 24 25 26 3

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