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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH OLIVER, 12 Plaintiff, 13 14 No. 2:13-cv-1395 DAD P v. ORDER JEFFREY BEARD, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis. Plaintiff has not 19 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 20 21 be granted thirty days to submit a new request on a proper form. Plaintiff is cautioned that the 22 form includes a section that must be completed by a prison official, and the application form must 23 be accompanied by a certified copy of plaintiff’s prison trust account statement for the six-month 24 period immediately preceding the filing of this action. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s July 12, 2013 request for leave to proceed in forma pauperis (ECF No. 2) is 27 denied without prejudice; 28 ///// 1 1 2 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 3 3. Plaintiff shall submit, within thirty days from the date of this order, a properly 4 completed application to proceed in forma pauperis on the form provided with this order; plaintiff 5 is cautioned that failure to comply with this order or seek an extension of time to do so will result 6 in a recommendation that this action be dismissed without prejudice. 7 Dated: July 24, 2013 8 9 10 11 /kly oliv1395.3d 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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