Brown v. Brown et al

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/8/14 vacating 5 Findings and Recommendations; Within 30 days from the date of this order, plaintiff shall file a completed affidavit in support of his application to proceed in forma pauperis. The Clerk of the court is directed to send to plaintiff a new form Application to Proceed In Forma Pauperis by a Prisoner.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,

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No. 2:14-cv-337-JAM-EFB P

Plaintiff,

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v.

ORDER

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EDMUND G. BROWN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On March 19, 2014, the court recommended that this action be dismissed after

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plaintiff failed to either pay the filing fee or apply for in forma pauperis status. Thereafter,

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plaintiff filed a partial application to proceed in forma pauperis. In light of plaintiff’s filings, the

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court will vacate the March 19, 2014 findings and recommendations. However, the court cannot

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review plaintiff’s complaint until plaintiff properly files an application to proceed in forma

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pauperis. Plaintiff has filed the required certified trust account statement, but has not filed the

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required affidavit in support of his request to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 19, 2014 findings and recommendations (ECF No. 5) are vacated.

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2. Within 30 days from the date of this order, plaintiff shall file a completed affidavit in

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support of his application to proceed in forma pauperis. Failure to comply with this

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order may result in another recommendation of dismissal.

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3. The Clerk of the court is directed to send to plaintiff a new form Application to
Proceed In Forma Pauperis by a Prisoner.
DATED: April 8, 2014.

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