Acosta v. Ahlin

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 3/16/15 ORDERING that 2 Motion to Proceed IFP is DENIED; 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. 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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RICHARD ACOSTA,

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Plaintiff,

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No. 2:15-cv-0497 DAD P

v.

ORDER

PAM AHLIN,

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Defendant.

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Plaintiff is in the custody of the California Department of State Hospitals pursuant to

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California’s Sexually Violent Predators Act (SVPA), Cal. Welfare & Institutions Code §§ 6600,

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et seq. He has filed a civil rights action pursuant to 42 U.S.C. § 1983 together with a request for

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leave to proceed in forma pauperis. Plaintiff has not submitted his in forma pauperis request on a

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proper form.
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 March 5, 2015 request for leave to proceed in forma pauperis is denied
without prejudice.
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.
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 16, 2015

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hm
acos0497.3d

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