Fisher v. Unknown

Filing 25

ORDER signed by Magistrate Judge Allison Claire on 11/4/14 denying 23 Motion to Proceed IFP. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; Plaintiff shall submit, within 30 days from the date of this order, a completed and signed Application form provided by the Clerk of the Court; Plaintiff shall also submit, within 30 days from the date of this order, either a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint, or the equivalent institutional certificate, or both if possible.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY FISHER,

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Plaintiff,

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No. 2:14-cv-1925 KJM AC P

v.

ORDER

UNKNOWN,

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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 26, 2014, plaintiff was directed to submit an application to proceed in

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forma pauperis.
Plaintiff has now filed an Application To Proceed In Forma Pauperis (“Application”),

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pursuant to 28 U.S.C. § 1915. However, plaintiff has not filed a certified copy of his prison trust

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account statement for the six month period immediately preceding the filing of the complaint, or

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the equivalent institutional certificate (which would be completed by plaintiff’s institution of

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incarceration). See 28 U.S.C. § 1915(a)(2) (requiring a “certified copy of the trust fund account

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statement (or institutional equivalent) for the prisoner for the 6-month period immediately

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preceding the filing of the complaint”). Plaintiff will be provided the opportunity to submit a

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completed in forma pauperis Application, together with either a certified copy of the trust account

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statement, or the equivalent institutional certificate, or both if possible.

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

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1. Plaintiff’s in forma pauperis Application (ECF No. 23) is DENIED without prejudice;

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2. 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;
3. Plaintiff shall submit, within thirty days from the date of this order, a completed and
signed Application form provided by the Clerk of the Court;
4. Plaintiff shall also submit, within thirty days from the date of this order, either a
certified copy of his prison trust account statement for the six month period immediately

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preceding the filing of the complaint, or the equivalent institutional certificate, or both if possible.

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Plaintiff’s failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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DATED: November 4, 2014

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