Emerson v. Foulk, et al.

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/8/2014 DISMISSING plaintiff's 5 application to proceed IFP, without prejudice; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a completed ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT EMERSON,

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No. 2:14-cv-0972 CKD P

Plaintiff,

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v.

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F. FOULK, et al.,

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ORDER

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

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Plaintiff has not, however, filed his application for leave to proceed in forma pauperis on the form

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used by this district. Accordingly, plaintiff’s application will be dismissed and plaintiff will be

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provided the opportunity to submit the application on the appropriate form. Plaintiff is cautioned

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that he must also provide a certified copy of his prison trust account statement for the six month

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period immediately preceding the filing of his complaint.

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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. 5) is dismissed without

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prejudice;
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
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3. Plaintiff shall submit, within thirty days from the date of this order, a completed

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application to proceed in forma pauperis. Plaintiff’s failure to comply with this order will result

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in a recommendation that this action be dismissed without prejudice.

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Dated: May 8, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/mp
Emer0972.3d

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