Barger v. Director of OPS of CDCR

Filing 15

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/5/15 ORDERING that 13 Motion to Proceed IFP is DISMISSED without prejudice; Plaintiff shall pay the filing fee for this action or file a completed application to proceed in forma pauperis within 30 days. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, 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-0221 CKD P

v.

ORDER

CDCR,

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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. On February 3, 2015, plaintiff was directed to pay the filing fee for this action or

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submit an application to proceed in forma pauperis. Plaintiff has now filed a request for leave to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, 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 or obtained the certification required on the application

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form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided one more opportunity to either pay

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the filing fee or submit the completed application and the certified copy in support of his

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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’s motion to proceed in forma pauperis (ECF No. 13) is denied without

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prejudice.

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2. Plaintiff shall pay the filing fee for this action or file a completed application to

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proceed in forma pauperis within 30 days. 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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3. 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: March 5, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/kly
barg0221.3e

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