Barger v. CDCR

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/2015 DISMISSING plaintiff's 2 application to proceed IFP, without prejudice; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days a completed application to proceed ifp. (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-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 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma

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pauperis on the form used by this district. Accordingly, plaintiff’s application will be dismissed

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and plaintiff will be provided the opportunity to submit the application on the appropriate form.

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Plaintiff is cautioned that he must also provide a certified copy of his prison trust account

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statement for the six month period immediately preceding the filing of his complaint.

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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. 2) is dismissed without

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prejudice;
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
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3. Plaintiff shall submit, within thirty days from the date of this order, a completed

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application to proceed in forma pauperis. Plaintiff’s failure to comply with this order will result

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in a recommendation that this action be dismissed without prejudice.

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Dated: January 22, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/kly
barg0086.3d

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