Barger v. CDCR et al

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 4/7/2015 DISMISSING plaintiff's 13 application to proceed IFP; plaintiff shall submit, within 30 days, a certified copy of his prison trust account statement; and the Clerk shall send plaintiff a new ifp application.(Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY DALE BARGER, 12 Plaintiff, 13 14 No. 2:15-cv-0073 KJM KJN P v. ORDER CDCR, 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. On February 25, 2015, plaintiff was directed to complete the in forma pauperis 19 application form. Plaintiff has now filed a request for leave to proceed in forma pauperis 20 pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust 21 account statement for the six month period immediately preceding the filing of the complaint or 22 obtained the certification required on the application form. See 28 U.S.C. § 1915(a)(2). 23 Therefore, plaintiff will be provided the opportunity to submit the completed application and the 24 certified copy in support of his application to proceed in forma pauperis. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 13) is dismissed without 27 prejudice. 28 //// 1 1 2. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of 2 his prison trust account statement for the six month period immediately preceding the filing of the 3 complaint and the certification required on the application form. Plaintiff’s failure to comply 4 with this order will result in a recommendation that this action be dismissed without prejudice. 5 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 6 Forma Pauperis By a Prisoner. 7 Dated: April 7, 2015 8 9 10 barg0073.3e 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?