Lucas v. Director of the Department of Corrections

Filing 12

ORDER signed by Magistrate Judge Dale A. Drozd on 9/18/14 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint and a complete application to proceed in forma pauperis on the form provided by the Clerk of the Court. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 LAMONT C. LUCAS, 11 12 13 14 No. 2:14-cv-0590 DAD P Plaintiff, v. ORDER DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, Defendant. 15 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. On June 19, 2014, plaintiff was directed to pay the filing fee or submit an 19 appropriate application to proceed in forma pauperis. Plaintiff has now filed a request for leave to 20 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his 21 request on the form used by this court. Furthermore, the copy of his prison trust account 22 statement for the six month period immediately preceding the filing of the complaint is not 23 certified. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit the 24 completed application and the certified copy in support of his application to proceed in forma 25 pauperis. 26 In accordance with the above, IT IS HEREBY ORDERED that: 27 1. Plaintiff shall submit, within thirty days from the date of this order, (1) a certified copy 28 of his prison trust account statement for the six month period immediately preceding the filing of 1 1 the complaint and (2) a complete application to proceed in forma pauperis on the form provided 2 by the Clerk of the Court . Plaintiff’s failure to comply with this order will result in a 3 recommendation that this action be dismissed without prejudice. 4 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 5 Forma Pauperis By a Prisoner. 6 Dated: September 18, 2014 7 8 9 10 11 hm luca0590.3e 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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