Spencer v. Painter et al

Filing 8

ORDER signed by Magistrate Judge Dale A. Drozd on 12/3/13 ORDERING that 7 letter, construed as a request for extension of time is GRANTED; and Plaintiff is granted thirty days from the date of this order in which to submit his completed affidavit in support of his request to proceed in forma pauperis and 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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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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On October 22, 2013, the court ordered plaintiff to submit a new application for leave to

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proceed in forma pauperis and a certified copy of his prison trust account statement. On

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November 26, 2013, plaintiff filed a letter with the court explaining that he had submitted the in

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forma pauperis application form to the accounting office at his place of confinement; however, as

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of November 13, 2013, he had not received any response. The court will construe plaintiff's letter

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as a request for an extension of time and provide plaintiff with an additional thirty days in order

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to submit the required documents. Failure to comply with the court's order will result in the

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dismissal of this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s November 26, 2013 letter, construed as a request for an extension of time

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(ECF No. 7) is granted; and

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/////

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2. Plaintiff is granted thirty days from the date of this order in which to submit his

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completed affidavit in support of his request to proceed in forma pauperis and 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. Failure to comply with this order will result in the dismissal of this action.

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Dated: December 3, 2013

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DAD:4
spen2108.36ifp

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