Clemente v. Parciasepe et al

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 3/18/14 ORDERING that Plaintiffs application to proceed in forma pauperis (ECF No. 2 ) is dismissed without prejudice; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within thirty days from the date of this order, a completed and signed application to proceed in forma pauperis on the current form provided with this order. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCELINO CLEMENTE,

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No. 2:14-cv-0611 KJN P

Plaintiff,
v.

ORDER

T. PARCIASEPE, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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

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U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma

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pauperis on the current form used by this district. Use of the current form assists plaintiff to

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establish and the court to evaluate plaintiff’s in forma pauperis status in light of 28 U.S.C. § 1915

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(b)(1) and (2). Moreover, plaintiff failed to sign the application. Accordingly, plaintiff’s

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application will be dismissed and plaintiff will be provided the opportunity to submit the

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application on the appropriate form. Plaintiff provided a certified trust account statement (ECF

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No. 2 at 3-4), so he is not required to re-submit another trust account statement.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is dismissed without

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prejudice;
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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 completed and

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signed application to proceed in forma pauperis on the current form provided with this order. The

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completed application must bear the case number assigned to this action. Plaintiff’s failure to

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comply with this order may result in the dismissal of this action without prejudice.

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Dated: March 18, 2014

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clem0611.3d

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