Crayon v. Hill et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 2/28/13 ORDERING that Plaintiffs application to proceed in forma pauperis (Docket No. 3 ) is dismissed without prejudice; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within thirty days from the date of this order, a completed application to proceed in forma pauperis on the form provided with this order. (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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CHARLES E. CRAYON,

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Plaintiff,

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vs.

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No. 2:13-cv-0350 KJN P

RICK HILL, 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

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

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

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

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(b)(1) and (2). Plaintiff is also required to provide a certified copy of his prison trust account

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

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plaintiff’s application will be dismissed and plaintiff will be provided the opportunity to submit

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the application on the appropriate form.

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

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1. Plaintiff’s application to proceed in forma pauperis (Docket No. 3) is

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dismissed without prejudice;

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

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

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

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

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DATED: February 28, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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cray0350.3d

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