Burke v. Babbits et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 10/5/11 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, within 30 days from the date of this order, submit 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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ADAM LEE BURKE,

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Plaintiff,
vs.
AMY BABBITS, et al.,
Defendants.

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No. 2:11-cv-2588 KJN P

ORDER
/

Plaintiff, a Shasta County prisoner proceeding without counsel, has filed a civil

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rights action pursuant to 42 U.S.C. § 1983, together with 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 his application for leave

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to proceed in forma pauperis on the form used by this district. Accordingly, plaintiff’s

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application will be dismissed and plaintiff will be provided the opportunity to submit the

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application on the appropriate form. Plaintiff is cautioned that he must also provide 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 his complaint.

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

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1. Plaintiff’s September 27, 2011 application to proceed in forma pauperis is

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dismissed without 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, within thirty days from the date of this order, submit a

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completed application to proceed in forma pauperis. Plaintiff’s failure to comply with this order

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will result in a recommendation that this action be dismissed without prejudice.

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DATED: October 5, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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burk2588.3d

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