Bowen v. Street et al

Filing 5

ORDER signed by Magistrate Judge Dale A. Drozd on 6/1/2012 ORDERING that plaintiff's 2 motion 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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLIFFORD BOWEN, 11 Plaintiff, 12 vs. 13 No. 2:12-cv-1390 DAD P M. STREET, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a former state prisoner now on parole proceeding pro se, has filed a civil 17 rights action pursuant to 42 U.S.C. § 1983 together with a motion for leave to proceed in forma 18 pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave 19 to proceed in forma pauperis on the form used by this district. Use of the form assists plaintiff to 20 establish and the court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915 21 (b)(1) and (2). Accordingly, plaintiff’s motion will be dismissed without prejudice and plaintiff 22 will be provided the opportunity to submit the application on the appropriate form. Plaintiff will 23 not be required to submit a new copy of any prison trust account statement nor, given his parole 24 status, will he be required to have the certificate section of the in forma pauperis application 25 completed. 26 ///// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion to proceed in forma pauperis (Docket No. 2) is dismissed 3 without prejudice; 4 5 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 6 3. Plaintiff shall submit, within thirty days from the date of this order, a 7 completed application to proceed in forma pauperis on the form provided with this order. The 8 completed application must bear the case number assigned to this action. Plaintiff’s failure to 9 comply with this order may result in the dismissal of this action without prejudice. 10 DATED: June 1, 2012. 11 12 13 14 15 DAD:12 bowe1390.3d 16 17 18 19 20 21 22 23 24 25 26 2

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