Malone v. Gonzalez

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/06/12 ordering plaintiff shall submit within 30 days from the date of this order, a completed application to proceed in forma pauperis, including the trust account statement. The clerk of the court is directed to send to 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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DE SHAWN MALONE,
Plaintiff,

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vs.

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No. CIV S-11-2468 EFB P

F. GONZALES,

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Defendant.

ORDER
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Plaintiff, a prisoner without counsel, has filed a complaint alleging civil rights violations

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pursuant to 42 U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in

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forma pauperis pursuant to 28 U.S.C. § 1915(a)(1). Plaintiff has not, however, filed his

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application for leave to proceed in forma pauperis on the form used by this district. Nor has

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plaintiff submitted a certified copy of his trust account statement or the institutional equivalent.

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Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment of

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fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit

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a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner

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for the 6-month period immediately preceding the filing of the complaint . . . , obtained from the

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appropriate official of each prison at which the prisoner is or was confined.” Plaintiff may

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comply with this requirement by having prison officials complete the “Certificate” portion of the
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form application for leave to proceed in forma pauperis.
Accordingly, plaintiff shall submit, within thirty days from the date of this order, a

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completed application to proceed in forma pauperis, including the required trust account

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statement. Plaintiff’s failure to comply with this order will result in this action being dismissed

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without prejudice. The Clerk of the Court is directed to send to plaintiff a new form Application

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to Proceed In Forma Pauperis by a Prisoner.

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So ordered.
Dated: April 6, 2012.

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