Downs v. California Attorney General
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/01/13 vacating 9 FINDINGS AND RECOMMENDATIONS. Plaintiff's motion to proceed in forma pauperis 16 is denied without prejudice. Plaintiff shall submit within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the clerk of the court. 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 certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. (Plummer, 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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GREGORY DOWNS,
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Plaintiff,
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No. 2:12-cv-3057 MCE CKD P
vs.
CALIFORNIA ATTORNEY
GENERAL, et al.,
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Defendants.
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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant
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to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28
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U.S.C. § 1915. However, the certificate portion of the request which must be completed by
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plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a
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certified copy of his prison trust account statement for the six month period immediately
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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the
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opportunity to submit a completed in forma pauperis application and a certified copy in support
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of his application.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. The court’s February 6, 2013 findings and recommendations are vacated;
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2. Plaintiff’s motion to proceed in forma pauperis (Dkt. No. 16) is denied without
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prejudice;
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3. Plaintiff shall submit, within thirty days from the date of this order, a
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completed affidavit in support of his request to proceed in forma pauperis on the form provided
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by the Clerk of Court;
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4. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner; and
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5. Plaintiff shall submit, within thirty days from the date of this order, a certified
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copy of his prison trust account statement for the six month period immediately preceding the
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filing of the complaint. Plaintiff’s failure to comply with this order will result in a
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recommendation that this action be dismissed without prejudice.
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Dated: April 1, 2013
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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