Carroll v. Brown et al

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 1/11/13 ORDERING that the findings and recommendations filed December 10, 2012 are vacated; Plaintiffs December 26, 2012 motion for appointment of counsel and for waiver of IFP 6 is DENIED; Th e Clerk of the Court is directed to send plaintiff the courts form Application to Proceed In Forma Pauperis by a Prisoner; Plaintiff is granted 30 days from the date of this order in which to file a complete in forma pauperis application; and the Clerk of the Court is directed to serve a copy of plaintiffs 6 motion and this order on Supervising Deputy Attorney General Monica N. Anderson.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TREMAYNE D. CARROLL,

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Plaintiff,

No. 2:12-cv-2584 GEB DAD P

vs.
EDMUND G. BROWN, et al.,
Defendants.

ORDER
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By an order filed October 23, 2012, plaintiff was ordered to file a properly

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completed application to proceed in forma pauperis within thirty days and was cautioned that his

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failure to do so, or his seeking of an extension of time to do so, would result in a

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recommendation that this action be dismissed. The thirty day period expired and plaintiff did not

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respond in any way to the to the court’s order nor did he file a properly completed in forma

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pauperis application. For that reason, on December 10, 2012, this court issued findings and

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recommendations recommending that this action be dismissed without prejudice.

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On December 26, 2012, plaintiff filed a motion for appointment of counsel and

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for waiver of the requirement that he file an in forma pauperis application. Therein, plaintiff

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contends that prison officials have not been responsive to his request for a copy of his prison trust

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account statement or in forma pauperis forms. For the reasons set forth in this court’s October
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23, 2012 order denying plaintiff’s first motion for appointment of counsel, the present motion for

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appointment of counsel will also be denied. The court will, however, vacate the December 10,

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2012 findings and recommendations and give plaintiff an additional period of thirty days in

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which to file a complete 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 findings and recommendations filed December 10, 2012 are vacated;

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2. Plaintiff’s December 26, 2012 motion for appointment of counsel and for

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waiver of IFP (Doc. No. 6) is denied;

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3. The Clerk of the Court is directed to send plaintiff the court’s form Application
to Proceed In Forma Pauperis by a Prisoner;

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4. Plaintiff is granted thirty days from the date of this order in which to file a
complete in forma pauperis application; and

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5. The Clerk of the Court is directed to serve a copy of plaintiff’s December 26,

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2012 motion (Doc. No. 6) and this order on Supervising Deputy Attorney General Monica N.

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Anderson.

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DATED: January 11, 2013.

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DAD:12
carr12cv2584.vac

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