Gonzales v. McDonald

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/12 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement 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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK ANTHONY GONZALES,

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Plaintiff,

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No. 2:12-cv-1035 KJN P

vs.
MIKE McDONALD,

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Defendant.

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

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to 42 U.S.C. § 1983. On May 1, 2012, plaintiff was directed to pay the filing fee or submit an

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

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

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

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

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§ 1915(a)(2). Therefore, plaintiff will be provided the opportunity to submit the completed

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application and the certified copy in support of his 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: May 16, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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gonz1035.3e

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