Edwards v. Hsieh, et al.

Filing 4

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

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID E. EDWARDS, 11 12 13 14 No. 2:13-cv-02113 DAD P Plaintiff, v. ORDER DR. HSIEH, et al., Defendants. 15 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis. However, plaintiff 18 has not submitted his in forma pauperis request on a proper form. 19 Plaintiff’s request for leave to proceed in forma pauperis will therefore be denied, and he 20 will be granted thirty days to submit a new request on a proper form. Plaintiff is cautioned that 21 the form includes a section that must be completed by a prison official, and the application form 22 must be accompanied by a certified copy of plaintiff’s prison trust account statement for the six- 23 month period immediately preceding the filing of this action. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. Plaintiff’s October 11, 2013, request for leave to proceed in forma pauperis (ECF No. 26 27 28 2) is denied without prejudice; 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action; and 1 1 3. Plaintiff shall submit, within thirty days from the date of this order, a properly 2 completed application to proceed in forma pauperis on the form provided with this order; plaintiff 3 is cautioned that failure to comply with this order or seek an extension of time to do so will result 4 in a recommendation that this action be dismissed without prejudice. 5 Dated: October 21, 2013 6 7 8 9 10 /kly edwa2113.3d 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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