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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ZACHARIAH DANIELS,

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No. 2:15-cv-1264 AC P

Plaintiff,
v.

ORDER

R. FOX, Warden, 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. However, the certificate portion of the request (which must be completed by

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plaintiff’s institution of incarceration) has not been filled out. Also, the attached copy of

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plaintiff’s prison trust account statement is not certified. See 28 U.S.C. § 1915(a)(2). Plaintiff

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will be provided the opportunity to submit a completed in forma pauperis application and a

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

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of his complaint.

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

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

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affidavit, including certificate, in support of his request to proceed in forma pauperis, together

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with a certified copy of his prison trust account statement for the six-month period immediately
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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

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action be dismissed without prejudice.

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DATED: June 19, 2015

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