VanBuren v. Eckgaurd

Filing 8

ORDER signed by Magistrate Judge Dale A. Drozd on 05/05/14 vacating 4 FINDINGS AND RECOMMENDATIONS. 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. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE VAN BUREN,

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Plaintiff,

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v.

No. 2:13-cv-01916 TLN DAD P

ORDER

DOUGLAS ECKGAURD,
Defendant.

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Plaintiff, a civil detainee at the Napa State Hospital and proceeding pro se, has filed a civil

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rights action pursuant to 42 U.S.C. § 1983. On September 23, 2013, plaintiff was directed to pay

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the filing fee or submit an application to proceed in forma pauperis. Plaintiff has now filed a

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request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not,

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however, filed a certified copy of his prison trust account statement for the six month period

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immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be

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provided the opportunity to submit the completed application and the certified copy in support of

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his application to proceed in forma pauperis.

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In the court’s September 23, 2013 order, plaintiff was also granted leave to file an

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amended complaint within thirty days. On October 30, 2013, plaintiff belatedly filed his

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amended complaint. In light of plaintiff’s efforts to comply with the court’s order, the findings

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and recommendations issued on October 22, 2013, recommending that this action be dismissed
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due to plaintiff’s failure to comply with the court’s September 23, 2014 order will be vacated.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The findings and recommendations, filed on October 22, 2013 (ECF No. 4), are

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vacated.
2. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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his prison trust account statement for the six month period immediately preceding the filing of the

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complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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Dated: May 5, 2014

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DAD:md/4
vanb1916.3e

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