Spencer v. Painter et al

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 10/21/2013 DENYING, without prejudice, plaintiff's 2 motion to proceed IFP; within 30 days, plaintiff shall submit a completed affidavit to proceed ifp and a certified trust account statement; and the Clerk shall send plaintiff a new ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THURMAN LEROY SPENCER,

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Plaintiff,

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No. 2:13-cv-02108 DAD P

v.

ORDER

S. PAINTER, 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 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, has not been filled out. In addition, plaintiff has not filed a

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certified copy of his prison trust account statement for the six month period immediately

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

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opportunity to submit a completed in forma pauperis application and a certified copy in support of

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his application.

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

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1. Plaintiff’s October 11, 2013 motion to proceed in forma pauperis (ECF No. 2) is

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denied without prejudice;

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2. Within thirty days from the date of this order, plaintiff shall submit a completed

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affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk

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of Court, and 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.

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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
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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 21, 2013

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DAD:kly/4
spen2108.3c+new

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