Gress v. Smith, et al.

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 02/27/13 dismissing 2 Motion to Proceed IFP. The clerk of the court shall 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 on the form provided with this order. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

MICHAEL GRESS,

11

Plaintiff,

12
13

No. 2:13-cv-0328 KJN P

vs.
CHRISTOPHER SMITH, et al.,

14

Defendants.

15

ORDER
/

16

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

17

to 42 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to

18

28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma

19

pauperis on the current form used by this district. Use of the form assists plaintiff to establish

20

and the court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915 (b)(1)

21

and (2). In addition, plaintiff failed to provide a certified copy of his prison trust account

22

statement for the six month period immediately preceding the filing of his complaint.

23

Accordingly, plaintiff’s application is dismissed, and plaintiff will be provided the opportunity to

24

submit the application on the appropriate form, and to provide the certified trust account

25

statement.

26

////
1

1

In accordance with the above, IT IS HEREBY ORDERED that:

2

1. Plaintiff’s application to proceed in forma pauperis (dkt. no. 2) is dismissed

3

without prejudice;

4
5

2. The Clerk of the Court is directed to send plaintiff a new Application to
Proceed In Forma Pauperis By a Prisoner; and

6

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

7

completed application to proceed in forma pauperis on the form provided with this order. The

8

completed application must bear the case number assigned to this action. Plaintiff’s failure to

9

comply with this order may result in the dismissal of this action without prejudice.

10

DATED: February 27, 2013

11
12

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

13
14

gres0328.3d

15
16
17
18
19
20
21
22
23
24
25
26
2