Oliver v. Beard et al

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 7/24/2013 DENYING, without prejudice, plaintiff's 2 request to proceed IFP; the Clerk shall send plaintiff an application to proceed ifp; and plaintiff shall submit, within 30 days, a properly completed application to proceed ifp. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH OLIVER,

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Plaintiff,

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No. 2:13-cv-1395 DAD P

v.

ORDER

JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983 together with a request for leave to proceed in forma pauperis. Plaintiff has not

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submitted his in forma pauperis request on a proper form.
Plaintiff’s request for leave to proceed in forma pauperis will be denied, and plaintiff will

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be granted thirty days to submit a new request on a proper form. Plaintiff is cautioned that the

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form includes a section that must be completed by a prison official, and the application form must

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be accompanied by a certified copy of plaintiff’s prison trust account statement for the six-month

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period immediately preceding the filing of this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s July 12, 2013 request for leave to proceed in forma pauperis (ECF No. 2) is

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denied without prejudice;

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2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma
Pauperis By a Prisoner for use in a civil rights action; and

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

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completed application to proceed in forma pauperis on the form provided with this order; plaintiff

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is cautioned that failure to comply with this order or seek an extension of time to do so will result

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in a recommendation that this action be dismissed without prejudice.

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Dated: July 24, 2013

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/kly
oliv1395.3d

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