Harrell v. Walmart et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 3/24/15 ORDERING that 2 Motion to Proceed IFP is DISMISSED without prejudice. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; Plai ntiff shall, within 30 days from the filing date of this order, submit a completed and signed application to proceed in forma pauperis, together with a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA NEIL HARRELL,

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No. 2:15-cv-0576 AC P

Plaintiff,
v.

ORDER

WALMART, 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, signed the application, or submitted a certified copy of

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his prison trust account statement for the six-month period immediately preceding the filing of his

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complaint. Accordingly, plaintiff’s application will be dismissed and plaintiff will be accorded

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the opportunity to submit a complete and signed application, and a certified copy of his prison

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

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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 is dismissed without prejudice;

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner;
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3. Plaintiff shall, within thirty days from the filing date of this order, submit a completed

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and signed application to proceed in forma pauperis, together with a certified copy of his prison

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

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complaint; and

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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 24, 2015

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