Ortiz v. California Deparment of Corrections et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 4/8/13 DISMISSING without prejudice 2 Motion to Proceed IFP; 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 30 days from the date of this order, a completed application to proceed in forma pauperis.(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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JOSUE ORTIZ,

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Plaintiff,

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No. 2:13-cv-0617 KJN P

vs.
CALIFORNIA DEPARTMENT
OF CORRECTIONS, et al.,

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Defendants.
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ORDER
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Plaintiff, a state prisoner proceeding without counsel or “pro se,” has filed a civil

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

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pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave

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to proceed in forma pauperis on the current form used by this district. Plaintiff’s application is

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not certified by prison officials, and plaintiff did not provide a trust account statement for the six

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months prior to the filing of this action. Accordingly, plaintiff’s application is dismissed and

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plaintiff is provided the opportunity to submit the application on the appropriate form. Plaintiff

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is cautioned that he must also provide a certified copy of his prison trust account statement for

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

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

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1. Plaintiff’s March 29, 2013 application to proceed in forma pauperis (Docket

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No. 2) is 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. Plaintiff’s failure to comply with this order

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will result in a recommendation that this action be dismissed without prejudice.

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DATED: April 8, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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orti0617.3d

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