Barger v. CDCR

Filing 11

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)

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-0086 CKD P

v.

ORDER

CDCR,

15

Defendant.

16
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

17
18

U.S.C. § 1983. On January 23, 2015, plaintiff was directed to submit an application to proceed in

19

forma pauperis. Plaintiff has now filed a request for leave to proceed in forma pauperis pursuant

20

to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account

21

statement for the six month period immediately preceding the filing of the complaint and obtained

22

the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be

23

provided the opportunity to submit the completed application and the certified copy in support of

24

his application to proceed in forma pauperis.

25

In accordance with the above, IT IS HEREBY ORDERED that:

26

1. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

27

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

28

/////
1

1

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

2

with this order will result in a recommendation that this action be dismissed without prejudice.

3

2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

4

Forma Pauperis By a Prisoner.

5

Dated: February 9, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11

2/mp
Barg0086.3e

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2