Reyes v. State of California Department of Corrections and Rehabilitation et al

Filing 12

ORDER signed by Magistrate Judge Dale A. Drozd on 3/1/15 ORDERING that Plaintiffs February 4, 2015 request for leave to proceed in forma pauperis is denied without prejudice; The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action; and Plaintiff shall submit, within thirty days from the date of this order, a properly completed application to proceed in forma pauperis on the form provided with this order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHANE MYRON REYES,

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Plaintiff,

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v.

No. 2:15-cv-0322 DAD P

ORDER

STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,

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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, together with a request for leave to proceed in forma pauperis. However, plaintiff

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has not submitted his in forma pauperis request on the form used by this judicial district.

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Plaintiff’s request for leave to proceed in forma pauperis will be denied, and plaintiff will

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be granted thirty days to submit a new request on a proper form. Plaintiff is cautioned that the

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form includes a section that must be completed by a prison official, and the application form must

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be accompanied by a certified copy of plaintiff’s prison trust account statement for the six-month

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period immediately preceding the filing of this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s February 4, 2015 request for leave to proceed in forma pauperis is denied

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without prejudice;
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2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma
Pauperis By a Prisoner for use in a civil rights action; and
3. Plaintiff shall submit, within thirty days from the date of this order, a properly

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completed application to proceed in forma pauperis on the form provided with this order; plaintiff

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is cautioned that failure to comply with this order or seek an extension of time to do so will result

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in a recommendation that this action be dismissed without prejudice.

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Dated: March 1, 2015

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DAD:10/md
reye0322.3d

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