Starr v. Reisig et al

Filing 18

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/20/2012 ORDERING plaintiff to submit, within 30 days, a certified copy of his trust account statement; the clerk to send plaintiff a new ifp application; and plaintiff's 13 , 14 , 15 , 16 , 17 motions are VACATED. (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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ROBIN GILLEN STARR,

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Plaintiff,

No. CIV S-11-3038 GGH P

vs.
JEFF REISIG, et al.,
Defendants.

ORDER
/

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff’s in forma pauperis application was incomplete, so on January 5,

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2012, the court ordered plaintiff to submit a completed application, yet that order was returned to

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the court as undeliverable. Plaintiff then filed a motion for default judgment, motion to compel,

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motion to reconsider the order denying appointment of counsel and motion for summary

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judgment. Docs. 13-17. However, the case has not been screened yet and no defendants have

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been served, so these motions are all vacated as premature. Plaintiff will be given another

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opportunity to submit a proper in forma pauperis application.

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Plaintiff must file a certified copy of his prison trust account statement for the six

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month period immediately preceding the filing of the complaint and obtained the certification

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required on the application form. See 28 U.S.C. § 1915(a)(2).
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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 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 and the certification required on the application form. Plaintiff’s failure to

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comply with this order will result in a recommendation that this action be 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.

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3. Plaintiff’s motions (Docs. 13, 14, 15, 16, 17) are vacated.
DATED: January 20, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: AB
star3038.ord2

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