O'Neal v. Peterson et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/13 ORDERING that 2 Motion to Proceed IFP is DISMISSED without prejudice; 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 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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GLENN DAVID O’NEAL,

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Plaintiff,

No. 2:13-cv-1054 KJN P

vs.
J. PETERSON, et al.,
Defendants.

ORDER
/

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 form used by this district. Use of the form assists plaintiff to establish and the

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court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915 (b)(1) and (2).

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

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opportunity to submit the application on the appropriate form. Plaintiff is cautioned that he must

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also provide a certified copy of his prison trust account statement for the six month period

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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 May 24, 2013, application to proceed in forma pauperis (ECF No. 2)
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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 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: June 10, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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onea1054.3djfm

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