Barger v. CDCR et al

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2015 DISMISSING without prejudice plaintiff's 22 application to proceed ifp; plaintiff shall submit, within 30 days, a certified copy of his trust account statement and the certification required on the application form; and the Clerk shall send plaintiff a new ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY DALE BARGER,

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Plaintiff,

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No. 2:15-cv-0072 GEB KJN P

v.

ORDER

CDCR, et al.,

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Defendants.

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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 February 25, 2015, plaintiff was directed to pay the filing fee or submit a

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

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pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his

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

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complaint and obtained the certification required on the application form. See 28 U.S.C.

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§ 1915(a)(2). Therefore, plaintiff will be provided the opportunity to submit the completed

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application and the certified 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 application to proceed in forma paupers (ECF No. 22) is dismissed without

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prejudice;

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2. 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 and the certification required on the application form. Plaintiff’s failure to comply

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with this order will result in a 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: March 23, 2015

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/barg0072.3e

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