Howard v. Virga et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 08/02/13 ordering plaintiff shall submit within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the clerk of the court. The clerk of the court shall 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 certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. (Plummer, M)

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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 GREGORY E. HOWARD, 12 Plaintiff, 13 14 v. No. 2:13-cv-1523 KJN P ORDER TIME V. VIRGA, Warden, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. However, the certificate portion of the request which must be completed by 20 plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a 21 certified copy of his prison trust account statement for the six month period immediately 22 preceding the filing of the complaint.1 See 28 U.S.C. § 1915(a)(2). Accordingly, plaintiff will be 23 provided the opportunity to submit a completed in forma pauperis application and a certified copy 24 in support of his application. 25 //// 26 //// 27 28 1 Plaintiff provided a copy of his trust account statement, but it was for 2011 and was not certified by prison officials. 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within thirty days from the date of this order, a completed 3 affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk 4 of Court; 5 6 7 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 3. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of 8 his prison trust account statement for the six month period immediately preceding the filing of the 9 complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this 10 action be dismissed without prejudice. 11 Dated: August 2, 2013 12 13 14 howa1523.3c+ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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