Honesto v. Brown et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 1/26/15 ORDERING that Plaintiffs in forma pauperis Application 2 is DENIED without prejudice; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; Plaintiff shall submit, within 30 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER HONESTO, 12 13 14 15 No. 2:15-cv-0076 AC P Plaintiff, v. ORDER JERRY BROWN, et al., 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, plaintiff has not filed a certified copy of his prison trust account 20 statement for the six month period immediately preceding the filing of the complaint, or the 21 equivalent institutional certificate (which would be completed by plaintiff’s institution of 22 incarceration). See 28 U.S.C. § 1915(a)(2) (requiring a “certified copy of the trust fund account 23 statement (or institutional equivalent) for the prisoner for the 6-month period immediately 24 preceding the filing of the complaint”). Plaintiff will be provided the opportunity to submit a 25 completed in forma pauperis Application, together with either a certified copy of the trust account 26 statement, or the equivalent institutional certificate, or both if possible. 27 In accordance with the above, IT IS HEREBY ORDERED that: 28 1. Plaintiff’s in forma pauperis Application (ECF No. 2) is DENIED without prejudice; 1 1 2 3 4 5 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 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 6 certified copy of his prison trust account statement for the six month period immediately 7 preceding the filing of the complaint, or the equivalent institutional certificate, or both if possible. 8 Plaintiff’s failure to comply with this order will result in a recommendation that this 9 10 action be dismissed without prejudice. DATED: January 26, 2015 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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