Bowen v. Cate et al

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/22/2012 ORDERING plaintiff to submit, within 30 days, a completed affidavit to proceed ifp; the clerk to send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a certified trust account statement.(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 BURCH MICHAEL BOWEN, 11 Plaintiff, 12 No. 2:12-cv-1519 GGH P vs. 13 MATTHEW CATE, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 18 U.S.C. § 1915. However, the certificate portion of the request which must be completed by 19 plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a 20 certified copy of his prison trust account statement for the six month period immediately 21 preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the 22 opportunity to submit a completed in forma pauperis application and a certified copy in support 23 of his application. 24 ///// 25 ///// 26 ///// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within thirty days from the date of this order, a 3 completed affidavit in support of his request to proceed in forma pauperis on the form provided 4 by the Clerk of Court; 5 6 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 7 3. Plaintiff shall submit, within thirty days from the date of this order, a certified 8 copy of his prison trust account statement for the six month period immediately preceding the 9 filing of the complaint. Plaintiff’s failure to comply with this order will result in a 10 recommendation that this action be dismissed without prejudice. 11 DATED: June 22, 2012 12 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 13 GGH:mp 14 bowe1519.3c+new 15 16 17 18 19 20 21 22 23 24 25 26 2

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