Hardin v. Gowan, et al.

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/14 ORDERING that Plaintiffs motion to proceed in forma pauperis (ECF No. 15 ) is DISMISSED without prejudice. Plaintiff shall submit, within 30 days from the date of this order, a fully c ompleted in forma pauperis application on the form provided by the Clerk of the Court, along with a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN HOSEA HARDIN,

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Plaintiff,

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v.

No. 2:14-cv-1796 KJN P

ORDER

REGINALD GOWAN,

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Defendant.

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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. On August 5, 2014, plaintiff was directed to pay the filing fee or submit an

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application to proceed in forma pauperis. Plaintiff has now filed a request for leave to proceed in

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forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for

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leave to proceed in forma pauperis on the form used by this district, nor has he provided a current

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certified copy of his prison trust account statement for the six month period immediately

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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Although plaintiff provided a

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copy of his October 2013 trust account statement, it is not certified and is not current. Therefore,

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plaintiff will be provided the opportunity to submit the completed application and the certified

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copy in support of his application to proceed in forma pauperis.

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

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 15) is dismissed without

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prejudice.
2. Plaintiff shall submit, within thirty days from the date of this order, a fully completed

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in forma pauperis application on the form provided by the Clerk of the Court, along with a

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certified copy of his prison trust account statement for the six month period immediately

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preceding the filing of the complaint. Plaintiff’s failure to comply with this order will result in a

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recommendation that this action be dismissed without prejudice.

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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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Dated: September 9, 2014

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/hard1796.3e

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