Barger v. CDCR
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/09/15 ordering petitioner shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint and certification required on the application form. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
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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-0086 CKD P
v.
ORDER
CDCR,
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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 January 23, 2015, plaintiff was directed to submit an application to proceed in
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forma pauperis. Plaintiff has now filed a request for leave to proceed in forma pauperis pursuant
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to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account
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statement for the six month period immediately preceding the filing of the complaint and obtained
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the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be
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provided the opportunity to submit the completed application and the certified copy in support of
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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 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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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.
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Dated: February 9, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2/mp
Barg0086.3e
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