Vasquez v. State of California et al

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/24/2013 VACATING the 18 recommendation that this action be dismissed without prejudice; the Clerk shall provide plaintiff with another ifp application; and plaintiff shall submit, within 30 days, a fully 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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ROBERT VASQUEZ,

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Plaintiff,

No. 2:12-cv-2562 JAM CKD P

vs.
STATE OF CALIFORNIA, et al.,
Defendants.

ORDER
/

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. On December 3, 2012, the undersigned recommended

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that this action be dismissed without prejudice due to plaintiff’s failure to file a completed

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application to proceed in forma pauperis on the form used by this district. (Dkt. No. 18.)

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On December 27, 2012, plaintiff filed an untitled assortment of documents,

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including an inmate trust account statement. (Dkt. No. 19 at 7.) However, plaintiff did not

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submit the certificate portion of the in forma pauperis application, which must be filled out and

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signed by an authorized prison official. See 28 U.S.C. § 1915(a)(2). Because plaintiff made

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some attempt to apply for in forma pauperis status, the court will vacate its recommendation of

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dismissal and plaintiff will be provided another opportunity to submit a fully completed

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application to proceed in forma pauperis.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The December 3, 2012 recommendation that this action be dismissed without

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prejudice (Dkt. No. 18) is hereby vacated;

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2. The Clerk of the Court shall provide plaintiff with another copy of the in forma
pauperis application used by this court; and

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

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completed in forma pauperis application. Plaintiff’s failure to comply with this order will result

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in a recommendation that this action be dismissed without prejudice.

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Dated: January 24, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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vasq2562.vac

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