Smith v. Rodriguez et al
Filing
4
ORDER signed by Magistrate Judge Allison Claire on 10/29/13 denying 2 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the fo rm provided by the clerk of the court. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff shall submit within 30 days from the date of this orrder a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. (Plummer, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
EARL D. SMITH,
12
Plaintiff,
13
14
No. 2:13-cv-2192 AC P
v.
ORDER
R. RODRIGUEZ, et al.,
15
Defendants.
16
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
17
18
U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28
19
U.S.C. § 1915. However, the certificate portion of the request which must be completed by
20
plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a
21
certified copy of his prison trust account statement for the six month period immediately
22
preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the
23
opportunity to submit a completed in forma pauperis application and a certified copy in support of
24
his application.
25
In accordance with the above, IT IS HEREBY ORDERED that:
26
1. Plaintiff’s October 21, 2013, request to proceed in forma pauperis (ECF No. 2) is
27
denied without prejudice;
28
/////
1
1
2. Plaintiff shall submit, within thirty days from the date of this order, a completed
2
affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk
3
of Court;
4
5
6
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
3. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of
7
his prison trust account statement for the six month period immediately preceding the filing of the
8
complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this
9
action be dismissed without prejudice.
10
DATED: October 29, 2013
11
12
13
14
15
AC:009/kly
smit2192.3c+.new
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?