Holston v. Spino

Filing 11

ORDER signed by Magistrate Judge Dale A. Drozd on 06/09/14 ordering plaintiff shall within 30 days after the filing date of this order submit a properly completed application to proceed in forma pauperis on the form provided with this order, or pay the $400.00 filing fee. The clerk of the court is directed to send plaintiff an application to proceed in forma pauperis by a non prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THERON KENNETH HOLSTON,

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Plaintiff,

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No. 2:13-cv-2600 DAD P

v.

ORDER

MICHELLE SPINO,

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Defendant.

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Plaintiff is a former state prisoner, now on parole, who proceeds pro se in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. Although plaintiff filed a motion to proceed in forma

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pauperis while he was incarcerated at the Yuba County Jail (ECF No. 6), the affidavit filed in

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support of the motion was incomplete: the certificate portion of the affidavit was not completed,

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nor did plaintiff provide a certified copy of his jail trust account statement. See 28 U.S.C. §

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1915(a)(2).
Plaintiff will be accorded the opportunity to submit a new motion to proceed in forma

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pauperis. Because plaintiff is now no longer incarcerated, he must complete and submit the in

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forma pauperis application used by nonprisoners, or pay the $400.00 filing fee. Plaintiff will be

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granted thirty days to comply with this order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall, within thirty (30) days after the filing date of this order, submit a

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properly completed application to proceed in forma pauperis on the form provided with this order,

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OR pay the $400.00 filing fee.

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2. Failure to timely comply with this order will result in a recommendation that this
action be dismissed without prejudice.
2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma

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Pauperis by a Nonprisoner.

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Dated: June 9, 2014

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DAD:4
hols2600.3a.nonpr.

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