Diaz v. Siskiyou County Jail

Filing 5

ORDER signed by Magistrate Judge John F. Moulds on 2/22/2012 ORDERING that within 30 days; plaintiff shall complete and return the attached Notice of Submission with a complete application to proceed ifp and a certified trust account statement; 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 CINDY DIAZ, 11 Plaintiff, 12 13 No. 2:12-cv-0328 JFM (PC) vs. SISKIYOU COUNTY JAIL, 14 Defendant. 15 ORDER / 16 Plaintiff, a county jail inmate proceeding pro se, has filed a civil rights action 17 pursuant to 42 U.S.C. § 1983 together with a partial request for leave to proceed in forma 18 pauperis pursuant to 28 U.S.C. § 1915. The in forma pauperis application is incomplete, as it 19 consists only of one page and is not signed by plaintiff. In addition, the certificate portion of the 20 request which must be completed by plaintiff’s institution of incarceration has not been filled 21 out, and plaintiff has not filed a certified copy of her inmate trust account statement for the six 22 month period immediately preceding the filing of the complaint and has not signed the 23 application. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit a 24 completed in forma pauperis application and a certified copy in support of her application. 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 inmate 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: February 22, 2012. 13 14 15 16 17 12/md diaz0328.3c+.new 18 19 20 21 22 23 24 25 26 2 1 2 3 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 5 CINDY DIAZ, 6 7 8 9 10 Plaintiff, No. 2:12-cv-0328 JFM (PC) vs. SISKIYOU COUNTY JAIL, NOTICE OF SUBMISSION Defendant. ____________________________________/ Plaintiff hereby submits the following document in compliance with the court’s order filed : ______________ Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement 11 DATED: 12 13 14 Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 3

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