Driver v. Lopes et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/7/2011 ORDERING that plaintiff's 2 application to proceed IFP is DISMISSED without prejudice; the clerk to send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a completed ifp application. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BILLY DRIVER, JR.,
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Plaintiff,
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No. 2:11-cv-2877 KJN P
vs.
MATTHEW A. LOPES, JR., 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.
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§ 1915 (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: November 7, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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driv2877.3d
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