Hairston v. Phillips

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/2/2015 ORDERING plaintiff to submit, within 30 days, a certified trust account statement and the certification required on the application form; and the Clerk shall send plaintiff a new ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBEY KURT HAIRSTON,

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No. 2:15-cv-0581 KJM CKD P

Plaintiff,

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v.

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C.L. PHILLIPS,

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ORDER

Defendant.

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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. On April 30, 2015, plaintiff was directed to submit an application to proceed in

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forma pauperis. Plaintiff has now filed a request for leave to proceed in forma pauperis pursuant

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to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account

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statement for the six month period immediately preceding the filing of the complaint and obtained

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the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be

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provided the opportunity to submit the completed application and the certified copy in support of

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his application to proceed in forma pauperis.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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

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complaint and the certification required on the application form. 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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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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Dated: June 2, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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hair0581.3e

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