Daniels v. Fox et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 06/19/15 ordering plaintiff shall submit within 30 days from the filing date of this order, submit a completed affidavit, including certificate, in support of his request to proceed in forma pauperi s, together with a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. The clerk of court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, 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 ZACHARIAH DANIELS, 12 13 14 No. 2:15-cv-1264 AC P Plaintiff, v. ORDER R. FOX, Warden, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. However, the certificate portion of the request (which must be completed by 20 plaintiff’s institution of incarceration) has not been filled out. Also, the attached copy of 21 plaintiff’s prison trust account statement is not certified. See 28 U.S.C. § 1915(a)(2). Plaintiff 22 will be provided the opportunity to submit a completed in forma pauperis application and a 23 certified copy of his prison trust account statement for the six-month period preceding the filing 24 of his complaint. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Plaintiff shall, within thirty days from the filing date of this order, submit a completed 27 affidavit, including certificate, in support of his request to proceed in forma pauperis, together 28 with a certified copy of his prison trust account statement for the six-month period immediately 1 1 2 3 4 preceding the filing of the complaint; 2. The Clerk of Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 3. Plaintiff’s failure to comply with this order will result in a recommendation that this 5 action be dismissed without prejudice. 6 DATED: June 19, 2015 7 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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