Dearwester v. Sacramento County Sheriff's Department et al

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 10/17/13 denying 2 Motion to Proceed IFP without prejudice; Plaintiff shall submit, within thirty days from the date of this order, a completed and current affidavit in support of his request t o proceed in forma pauperis on the form provided by the Clerk of Court; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within thirty days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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Plaintiff,
v.

ORDER

SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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No. 2:13-cv-2066 DAD P

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 pursuant to 28

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U.S.C. § 1915. However, the certificate portion of the request which must be completed by

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plaintiff’s institution of incarceration is not current. Also, plaintiff has not filed a certified copy

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

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the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit a

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completed in forma pauperis application and a certified copy in support of his application.

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

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1. Plaintiff’s October 4, 2013, motion to proceed in forma pauperis (Doc. No. 2) is denied

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without prejudice;

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2. Plaintiff shall submit, within thirty days from the date of this order, a completed and

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current affidavit in support of his request to proceed in forma pauperis on the form provided by
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the Clerk of Court;
3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
4. 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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Dated: October 17, 2013

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DAD:kly
dear2066.3c+.new

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