Singleton v. Fortune, et al,

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 05/12/15 dismissing 4 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 submit within 30 days from the date of this order, a completed application to proceed in forma pauperis. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMAR SINGLETON, Sr.,

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No. 2:15-cv-0783 KJN P

Plaintiff,
v.

ORDER

DR. FORTUNE, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
U.S.C. § 1983 and a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
By order dated April 21, 2015, the court ordered plaintiff to file, within thirty days, a

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request for leave to proceed in forma pauperis on the form used by this district. (ECF No. 3.) On

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May 1, 2015, plaintiff filed a handwritten reply in which he asks the court to request a copy of his

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prison trust account statement on his behalf because, according to plaintiff, the prison trust office

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is delaying its response to his requests, and because he fears retaliation. (ECF No. 4.)

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Plaintiff is advised that the court cannot, at this time, request his prison trust account

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statement for him. Plaintiff has, to date, failed to file his application for leave to proceed in forma

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pauperis on the form used by this district. The court also notes that plaintiff had nearly three

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weeks’ time remaining in which to respond to the court’s prior order. Accordingly, the court

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cannot be certain that plaintiff would have been unable to obtain the required certification and
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statement in that time.

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Plaintiff’s application will therefore be dismissed and plaintiff will be provided the

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opportunity to submit the application on the appropriate form. Plaintiff is cautioned that he must

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also provide a certified copy of his prison trust account statement for the six month period

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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. 4) is dismissed without

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prejudice.
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.
3. Plaintiff shall submit, within thirty days from the date of this order, a completed

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application to proceed in forma pauperis. Plaintiff’s failure to comply with this order will result

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in a recommendation that this action be dismissed without prejudice.

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Dated: May 12, 2015

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/sing0783.3d

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