Mackenzie v. Cornez

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 3/2/15 ORDERING that Plaintiffs application to proceed in forma pauperis 2 is dismissed without prejudice; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 30 days from the date of this order, a completed application to proceed in forma pauperis, except that plaintiff need not submit a certified copy of his prisoner trust fund account statement for the past six months.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS MACKENZIE,

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Plaintiff,

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v.

No. 2:15-cv-0380 KJN P

ORDER

DEBRA M. CORNEZ,

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Defendant.

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Plaintiff, a civil detainee at Coalinga State Hospital proceeding pro se, has filed a civil

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rights action pursuant to 42 U.S.C. § 1983, together with an application for leave to proceed in

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forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for

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leave to proceed in forma pauperis on the form used by this district. Plaintiff correctly asserts in

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his filed application (ECF No. 2) that as a civil detainee, he is not subject to the Prison Litigation

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Reform Act’s financial reporting requirements, and therefore need not submit a certified copy of

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his prisoner trust fund account statement for the past six months. See Page v. Torrey, 201 F.3d

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1136 (9th Cir. 2000). Nevertheless, plaintiff is still required to complete the remaining portions

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of the court’s form Application to Proceed In Forma Pauperis By a Prisoner so that the court may

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properly evaluate his ability to pay the required filing fee. Accordingly, plaintiff’s application

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will be dismissed and plaintiff will be provided the opportunity to submit the application on the

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appropriate form.
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In accordance with the foregoing, 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, except that plaintiff need not submit a certified copy of

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his prisoner trust fund account statement for the past six months. Plaintiff’s failure to comply

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with this order will result in a recommendation that this action be dismissed without prejudice.

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Dated: March 2, 2015

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/mack0380.3d

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