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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD BOWEN,

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Plaintiff,

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vs.

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No. 2:12-cv-1390 DAD P

M. STREET, et al.,

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Defendants.

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ORDER
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Plaintiff, a former state prisoner now on parole proceeding pro se, has filed a civil

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rights action pursuant to 42 U.S.C. § 1983 together with a motion for leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave

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to proceed in forma pauperis on the form used by this district. Use of the form assists plaintiff to

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establish and the court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915

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(b)(1) and (2). Accordingly, plaintiff’s motion will be dismissed without prejudice and plaintiff

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will be provided the opportunity to submit the application on the appropriate form. Plaintiff will

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not be required to submit a new copy of any prison trust account statement nor, given his parole

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status, will he be required to have the certificate section of the in forma pauperis application

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completed.

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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 motion to proceed in forma pauperis (Docket No. 2) is dismissed

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without 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: June 1, 2012.

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DAD:12
bowe1390.3d

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