Calihan v. Cate, et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 03/07/12 dismissing 2 Motion to Proceed IFP. Within 30 days from the date of this order, plaintiff shall complete the attached notice of submission and submit it along with a complete applicati on to proceed in forma pauperis by a prisoner and a certified copy of plaintiff's prison trust account statement for the 6 month period immediately preceding the filing of the complaint. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, 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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KENNY CALIHAN,

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Plaintiff,

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No. 2:12-cv-0518 KJN P

vs.

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MATTHEW CATE, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding without counsel, 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. However, the certificate portion of the request which must be

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completed by plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has

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not filed a certified copy of his prison trust account statement for the six month period

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immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Therefore,

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plaintiff will be provided the opportunity to submit a completed in forma pauperis application

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and a certified copy in support of his application.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s February 27, 2012, motion to proceed in forma pauperis is dismissed

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without prejudice;

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2. Within thirty days from the date of this order, plaintiff shall complete the
attached Notice of Submission and submit the following documents to the court:

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a. A complete Application to Proceed In Forma Pauperis By a Prisoner;
and

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b. a certified copy of plaintiff’s prison trust account statement for the six
month period immediately preceding the filing of the complaint.

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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’s failure to comply with this order may result in the dismissal of this

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action without prejudice.

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DATED: March 7, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNY CALIHAN,

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Plaintiff,

No. 2:12-cv-0518 KJN P

vs.

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MATTHEW CATE, et al.,

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Defendants.

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____________________________________/

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NOTICE OF SUBMISSION

Plaintiff hereby submits the following document in compliance with the court's
order filed

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:
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Complete Application to Proceed In Forma Pauperis

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By a Prisoner/Certified Copy of Prison Trust Account

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Statement

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DATED:

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Plaintiff
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