Mendez v. Macomber, et al.

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/16/14 ORDERING that Plaintiffs request for court order (ECF No. 3 ) is granted as follows: Plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in supp ort of his request to proceed in forma pauperis on the form provided by the Clerk of the Court. 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 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAXIMILIANO MENDEZ, 12 13 14 No. 2:14-cv-2265 CKD P Plaintiff, v. ORDER J. MACOMBER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. However, the certificate portion of the request which must be completed by 20 plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a 21 certified copy of his prison trust account statement for the six month period immediately 22 preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the 23 opportunity to submit a completed in forma pauperis application and a certified copy in support of 24 his application. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s request for court order (ECF No. 3) is granted as follows: 27 2. Plaintiff shall submit, within thirty days from the date of this order, a completed 28 affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk 1 1 2 3 4 of Court; 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 4. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of 5 his prison trust account statement for the six month period immediately preceding the filing of the 6 complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this 7 action be dismissed without prejudice. 8 Dated: October 16, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 2/md; mend2265.3c+.new 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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