Baker v. Macomber et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 02/04/15 ordering plaintiff shall within 30 days after the filing date of this order, submit the following: A completed affidavit in support of his request to proceed in forma pauperis on the form pr ovided by the clerk of court; and a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY RAY BAKER, 12 Plaintiff, 13 14 v. No. 2:15-cv-0248 AC P ORDER J. MACOMBER, Warden, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. However, the certificate portion of the request which must be completed by 20 plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a 21 certified copy of his prison trust account statement for the six-month period immediately 22 preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the 23 opportunity to submit a completed in forma pauperis application and a certified copy of his prison 24 trust account statement in support of his application. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Plaintiff shall, within thirty days after the filing date of this order, submit the 27 28 following: A. A completed affidavit in support of his request to proceed in forma pauperis on the 1 1 2 3 4 5 6 form provided with this order by the Clerk of Court; and B. A certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint. 2. Plaintiff’s failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 7 Forma Pauperis By a Prisoner. 8 DATED: February 4, 2015 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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