Barger v. CDCR et al
Filing
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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)
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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-0073 KJM 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 complete the in forma pauperis
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application form. Plaintiff has now filed a request for leave to proceed in forma pauperis
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pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust
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account statement for the six month period immediately preceding the filing of the complaint or
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obtained the certification required on the application form. See 28 U.S.C. § 1915(a)(2).
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Therefore, plaintiff will be provided the opportunity to submit the completed application and the
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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 pauperis (ECF No. 13) 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: April 7, 2015
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barg0073.3e
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