Fuentes v. Young et al

Filing 12

ORDER signed by Magistrate Judge John F. Moulds on 8/30/12 ORDERING that 10 Motion to Proceed IFP is DENIED without prejudice; Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statemen t for the six month period immediately preceding the filing of the complaint and the certification required on the application form. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

FLOYD FUENTES,
Plaintiff,

11
12

vs.

13

No. 2:12-cv-0573 JFM (PC)

T. YOUNG, et al.,
Defendants.

14

ORDER
/

15

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

16
17

to 42 U.S.C. § 1983. On July 9, 2012, plaintiff was directed to pay the filing fee or submit an

18

application to proceed in forma pauperis. Plaintiff has now filed a request for leave to proceed in

19

forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of

20

his prison trust account statement for the six month period immediately preceding the filing of

21

the complaint and obtained the certification required on the application form. See 28 U.S.C.

22

§ 1915(a)(2). Plaintiff will be provided the opportunity to submit the completed application and

23

the certified copy in support of his application to proceed in forma pauperis.

24

/////

25

/////

26

/////
1

1

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

2

1. Plaintiff’s August 13, 2012 motion to proceed in forma pauperis is denied

3

without prejudice;

4

2. Plaintiff shall submit, within thirty days from the date of this order, a certified

5

copy of his prison trust account statement for the six month period immediately preceding the

6

filing of the complaint and the certification required on the application form. Plaintiff’s failure

7

to comply with this order will result in a recommendation that this action be dismissed without

8

prejudice.

9

3. The Clerk of the Court is directed to send plaintiff a new Application to

10

Proceed In Forma Pauperis By a Prisoner.

11

DATED: August 30, 2012.

12
13
14
15

/p014;fuen0573.3e

16
17
18
19
20
21
22
23
24
25
26
2