Lewis v Pleasant Valley State Prison - Warden

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/2011 ORDERING that within 30 days, plaintiff shall complete and return the Notice of Submission with the required documents ; and the clerk to send plaintiff a new ifp application. (Yin, K)

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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 DARONTA L. LEWIS, 11 Plaintiff, 12 13 No. 2:11-cv-2930 KJN P vs. WARDEN,PLEASANT VALLEY STATE PRISON, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding without counsel or “pro se,” has filed a civil 17 rights action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma 18 pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request which 19 must be completed by plaintiff’s institution of incarceration has not been filled out. Also, 20 plaintiff has not filed a certified copy of his prison trust account statement for the six month 21 period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). 22 Therefore, plaintiff will be provided the opportunity to submit a completed in forma pauperis 23 application and a certified copy in support 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 b. a certified copy of plaintiff’s prison trust account statement for the six month period immediately preceding the filing of the complaint. 8 9 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 10 3. Plaintiff’s failure to comply with this order may result in the dismissal of this 11 action without prejudice. 12 DATED: November 30, 2011 13 14 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 15 16 lewi2930.3c+.new 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARONTA L. LEWIS, 11 Plaintiff, 12 13 No. 2:11-cv-2930 KJN P vs. WARDEN,PLEASANT VALLEY STATE PRISON, et al., NOTICE OF SUBMISSION 14 15 Defendants. ____________________________________/ 16 17 18 Plaintiff hereby submits the following document in compliance with the court's order filed 19 : ______________ Complete Application to Proceed In Forma Pauperis 20 By a Prisoner/Certified Copy of Prison Trust Account 21 Statement 22 DATED: 23 24 Plaintiff 25 26 3

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