Beck v. Brown, et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 05/27/15 dismissing 3 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 within 30 days fro m the filing date of this order, submit a completed application to proceed in forma pauperis. In addition, within 30 days from the filing date of this order, plaintiff's counsel shall file a statement that explains his fee agreement with plaintiff and how this agreement impacts plaintiff's in forma pauperis status. (Attachments: # 1 IFP application) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRED D. BECK,

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No. 2:15-cv-1078 AC P
Plaintiff,

v.

ORDER

JERRY BROWN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding through counsel, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to

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proceed in forma pauperis on the form used by prisoners in this district. Accordingly, plaintiff’s

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application will be dismissed and plaintiff will be provided the opportunity to submit the

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application on the appropriate form. Plaintiff is cautioned that he must also provide a certified

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

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filing of his complaint. Additionally, because plaintiff is represented by counsel, counsel is

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directed to file a separate statement that explains his fee agreement with plaintiff and how this

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agreement impacts plaintiff’s in forma pauperis status.

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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. 3, is dismissed without

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prejudice;
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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, within thirty days from the filing date of this order, submit a completed
application to proceed in forma pauperis;
4. In addition, within thirty days from the filing date of this order, plaintiff’s counsel shall

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file a statement that explains his fee agreement with plaintiff and how this agreement impacts

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plaintiff’s in forma pauperis status; and

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5. Failure to comply with this order will result in a recommendation that this action be
dismissed without prejudice.
DATED: May 27, 2015

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