Chen v. Corrections Corporation of America

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 9/30/14 ORDERING that Plaintiffs Application To Proceed In Forma Pauperis 3 is DENIED without prejudice; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pa uperis By a Prisoner; Plaintiff shall submit, within 30 days from the date of this order, a completed in forma pauperis Application on the form provided by the Clerk of the Court; and 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.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CHEN,

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Plaintiff,
v.

ORDER

CORRECTIONS CORPORATION OF
AMERICA,
Defendant.

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No. 2:14-cv-2244 AC P

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 an Application To Proceed In Forma Pauperis By a Prisoner

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(“Application”), pursuant to 28 U.S.C. § 1915. However, the certificate portion of the

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Application, which must be completed by plaintiff’s institution of incarceration, has not been

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filled out. Also, plaintiff has not filed a certified copy of his prison trust account statement for the

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six month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2).

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Plaintiff will be provided the opportunity to submit a completed in forma pauperis Application

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and a certified copy of his trust account.

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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.3), is DENIED without

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prejudice;
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 in
forma pauperis Application on the form provided by the Clerk of the Court; and
4. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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his prison trust account statement for the six month period immediately preceding the filing of the

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complaint.

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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: September 30, 2014

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