Tran v. Turner et al

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 2/12/2015 DENYING plaintiff's 2 request to proceed IFP, without prejudice; the Clerk shall send plaintiff a new ifp application; plaintiff shall submit, within 30 days, a completed affidavit in support of his request to proceed ifp; and plaintiff shall submit, within 30 days, a certified copy of his trust account statement. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BINH C. TRAN,

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No. 2:15-cv-0200 DAD P
Plaintiff,

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v.

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TURNER, et al.,

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ORDER

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 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. However, the certificate portion of the request which must be completed by

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plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a

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certified copy of his prison trust account statement for the six month period immediately

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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the

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opportunity to submit a completed in forma pauperis application and a certified copy in support of

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his application.

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

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1. Plaintiff’s January 26, 2015 request for leave to proceed in forma pauperis (ECF No. 2)

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is denied without prejudice.

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

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3. Plaintiff shall submit, within thirty days of the date of this order, a completed affidavit

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in support of his request to proceed in forma pauperis on the form provided by the Clerk of the

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Court.

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

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

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complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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Dated: February 12, 2015

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DAD:10/kly
tran0200.3c+new

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