Womack v. Windsor, et al

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/15 ORDERING that 5 Motion to Proceed IFP is GRANTED; Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint and the certification required on the application form. Plaintiffs failure to comply with this order will result in the dismissal of this action without prejudice. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, 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 RODNEY JEROME WOMACK, 12 13 14 15 No. 2:15-cv-0533 KJN P Plaintiff, v. ORDER J. WINDSOR, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff consented to proceed before the undersigned for all purposes. See 28 19 U.S.C. § 636(c). On March 19, 2015, plaintiff was directed to pay the filing fee or submit an 20 application to proceed in forma pauperis. Plaintiff has now filed a request for leave to proceed in 21 forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of 22 his prison trust account statement for the six month period immediately preceding the filing of the 23 complaint or obtained the certification required on the application form. See 28 U.S.C. 24 § 1915(a)(2). Therefore, plaintiff will be provided the opportunity to submit the completed 25 application and the certified copy in support of his application to proceed in forma pauperis. 26 In accordance with the above, IT IS HEREBY ORDERED that: 27 1. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of 28 his prison trust account statement for the six month period immediately preceding the filing of the 1 1 complaint and the certification required on the application form. Plaintiff’s failure to comply 2 with this order will result in the dismissal of this action without prejudice. 3 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 4 Forma Pauperis By a Prisoner. 5 Dated: April 2, 2015 6 7 / woma0533.3e 8 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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