Abraria v. Ross

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 3/29/2012. Plaintiff shall submit, within 30 days from date of Order, a certified copy of his Prison Trust Account Statement for 6-Month period immediately preceding filing of Complaint. Clerk directed to send a new Application to Proceed In Forma Pauperis. (Marciel, 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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GREGORY RALPH ABRARIA,

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Plaintiff,

Defendant.

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No. 2:12-cv-0468 JAM KJN P

ORDER

vs.
TONY ROSS,

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/

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Plaintiff, a state prisoner proceeding without counsel or “pro se,” has filed a civil

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rights action pursuant to 42 U.S.C. § 1983. On March 9, 2012, plaintiff was directed to pay the

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filing fee or submit an application to proceed in forma pauperis. Plaintiff has now filed a request

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for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however,

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filed a certified copy of his prison trust account statement for the six-month period immediately

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preceding the filing of the complaint, nor has he obtained the certification required on the

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application form. See 28 U.S.C. § 1915(a)(2). Therefore, plaintiff will be provided the

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opportunity to submit the completed application and the certified copy in support of his

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application to proceed in forma pauperis.

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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

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Proceed In Forma Pauperis By a Prisoner.

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DATED: March 29, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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abra0468.3e

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