Dearwester v. California Department of Corrections and Rehabilitation et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 03/02/15 dismissing 2 Motion to Proceed IFP. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff shall within 30 days fro m the filing date of this order, submit a completed application to proceed in forma pauperis together with a certified copy of plaintiff's prison trust account statement for the 6 month period immediately preceding the filing of the complaint. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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Plaintiff,

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No. 2:15-cv-0445 AC P

v.

ORDER

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 pursuant to 28

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U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma

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pauperis on the form used by this district. Accordingly, plaintiff’s application will be dismissed

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and plaintiff will be provided the opportunity to submit the application on the appropriate form.

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Plaintiff is cautioned that he must also provide a certified copy of his prison trust account

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statement for the six-month period immediately preceding the filing of his complaint.

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In accordance with the above, 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;

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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; and
3. Plaintiff shall, within thirty days from the filing date of this order, submit a completed

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application to proceed in forma pauperis together with a certified copy of plaintiff’s prison trust

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account statement for the six-month period immediately preceding the filing of his complaint.

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4. 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: March 2, 2015

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