Miller v. Brown et al

Filing 4

ORDER signed by Magistrate Judge John F. Moulds on 5/21/2012 ORDERING that plaintiff's 2 application to proceed IFP is DISMISSED without prejudice; the clerk to send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a completed ifp application. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ANTHONY MILLER,
Plaintiff,

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vs.

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No. 2:12-cv-1189 JFM (PC)

EDMUND G. BROWN, et al.,
Defendants.

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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 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma

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pauperis on the form used by this district. Use of the form assists plaintiff to establish and the

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court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915 (b)(1) and (2).

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Accordingly, plaintiff’s application will be dismissed and plaintiff will be provided the

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opportunity to submit the application on the appropriate form. Plaintiff is cautioned that he must

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also provide a certified copy of his prison trust account statement for the six month period

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immediately preceding the filing of his complaint. May 21, 2012.

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/////

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

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1. Plaintiff’s application to proceed in forma pauperis is 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
Proceed In Forma Pauperis By a Prisoner; and

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

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completed application to proceed in forma pauperis on the form provided with this order. The

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completed application must bear the case number assigned to this action. Plaintiff’s failure to

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comply with this order may result in the dismissal of this action without prejudice.

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DATED: May 21, 2012.

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/mp014;mill1189.3d

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