Cobb v. Cook et al

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 07/09/12 dismissing 2 Motion to Proceed IFP. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff shall submit within 28 days from the date of this order, a completed application to proceed in forma pauperis. (Plummer, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 PABLO COBB, 10 11 12 13 Plaintiff, No. 2:12-cv-1666 GGH P Defendants. ORDER vs. COOK, et al., 14 / 15 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 16 to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 17 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma 18 pauperis on the form used by this district. Use of the form assists plaintiff to establish and the 19 court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915 (b)(1) and (2). 20 Accordingly, plaintiff’s application will be dismissed and plaintiff will be provided the 21 opportunity to submit the application on the appropriate form. Plaintiff is cautioned that he must 22 also provide a certified copy of his prison trust account statement for the six month period 23 immediately preceding the filing of his complaint. 24 In accordance with the above, IT IS HEREBY ORDERED that: 25 1. Plaintiff’s June 21, 2012, application to proceed in forma pauperis (Docket No. 26 2) is dismissed without prejudice; 1 1 2 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 3 3. Plaintiff shall submit, within twenty-eight days from the date of this order, a 4 completed application to proceed in forma pauperis. Plaintiff’s failure to comply with this order 5 will result in a recommendation that this action be dismissed without prejudice. 6 DATED: July 9, 2012 7 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 8 GGH:kly 9 cobb1666.3dggh 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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