Revis v. Syerson et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/08/12 ordering plaintiff's in forma pauperis application is denied without prejudice to filing the application on the proper form. 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 30 days from the date of this order, a completed application to proceed in forma pauperis. (Plummer, M) Modified on 11/8/2012 (Plummer, M).

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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 ANDRE L. REVIS, Plaintiff, 11 vs. 12 13 DALE SYERSON, et al., Defendants. 14 ORDER / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 No. 2:12-cv-2751 EFB P U.S.C. § 1983. He requests leave to proceed in forma pauperis. 18 To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 19 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit a properly completed 20 affidavit and trust account statement required by 28 U.S.C. § 1915(a). 21 Plaintiff has submitted his trust account statement, but has not filed an affidavit using the 22 form application for this district. Accordingly, plaintiff’s in forma pauperis application is denied 23 without prejudice to filing the application on the proper form. 24 //// 25 //// 26 //// 1 1 The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 2 Forma Pauperis By a Prisoner. Plaintiff shall submit, within thirty days from the date of this 3 order, a completed application to proceed in forma pauperis. Plaintiff’s failure to comply with 4 this order may result in this action being dismissed without prejudice. 5 6 So ordered. DATED: November 8, 2012. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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