Fisher v. Cappel et al

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 04/03/13 ordering plaintiff's application to proceed in forma pauperis 2 is dismissed without prejudice. The clerk of the court shall send to 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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN FISHER,
Plaintiff,

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vs.

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No. 2:13-cv-0642 AC P

R. CAPPEL, et al.,
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. Plaintiff has not, however, filed his application for leave to proceed in forma

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pauperis on the form used by this district. Accordingly, plaintiff’s application will be dismissed

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and plaintiff will be provided the opportunity to submit the application on the appropriate form.

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Plaintiff is cautioned that he must also 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.

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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 is dismissed without

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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 3, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:009/md

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fish0642.3d

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