Stewart v. Sacramento County Main Jail et al

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/13/11 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court; 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 certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(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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RICKY LEE STEWART,

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Plaintiff,

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No. CIV S-11-2536 GGH P

vs.
SACRAMENTO COUNTY MAIN
JAIL, et al.,

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Defendants.

ORDER

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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 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. However, the certificate portion of the request which must be completed by

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plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a

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

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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the

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opportunity to submit a completed in forma pauperis application and a certified copy in support

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of his application.

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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

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completed affidavit in support of his request to proceed in forma pauperis on the form provided

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by the Clerk of Court;

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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 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. Plaintiff’s failure to comply with this order will result in a

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recommendation that this action be dismissed without prejudice.

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DATED: October 13, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:mp

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stew2536.3c+new

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