Bontty v. N.H.S.

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 11/18/14 ORDERING that Plaintiffs in forma pauperis Application 4 is DENIED without prejudice; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauper is By a Prisoner; Plaintiff shall submit, within t30 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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RUBEN J. BONTTY,

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Plaintiff,

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No. 2:14-cv-2537 AC P

v.

ORDER

N.H.S.,

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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 November 4, 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 an Application To Proceed In

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Forma Pauperis (“Application”), pursuant to 28 U.S.C. § 1915. However, plaintiff has not filed 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, or the equivalent institutional certificate (which would be

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completed by plaintiff’s institution of incarceration). See 28 U.S.C. § 1915(a)(2) (requiring a

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“certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for

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the 6-month period immediately preceding the filing of the complaint”). Plaintiff will be

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provided the opportunity to submit a completed in forma pauperis Application, together with

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either a certified copy of the trust account statement, or the equivalent institutional certificate, or

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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. 4) 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

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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, 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 18, 2014

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