Olivera v. Cate et al

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/21/2013 ORDERING plaintiff to submit, within 30 days, a completed affidavit in support of his request to proceed ifp; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a certified trust account statement. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANGEL OLIVERA,

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No. 2:13-cv-2376 CKD P

Plaintiff,
v.

ORDER

MATTHEW CATE, et al.,

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Defendants.

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Plaintiff, a California prisoner proceeding pro se and currently housed in North Fork

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Correctional Facility in Sayre, Oklahoma, has filed a civil rights action pursuant to 42 U.S.C. §

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1983 together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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However, the certificate portion of the request which must be completed by plaintiff’s institution

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of incarceration has not been filled out. Also, plaintiff has not filed a certified copy of his prison

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

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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 shall submit, within thirty days from the date of this order, 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;
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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

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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: November 21, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/mp
oliv2376.3c+new

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