Toth v. Dhillon et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 7/23/15 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by th e Clerk of Court; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT TOTH,

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Plaintiff,

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No. 2:15-cv-1523 KJN P

v.

ORDER

K. DHILLON, 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. In addition, plaintiff failed to

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explain his yes response to question 3(f), as set forth in the following paragraph. Finally, plaintiff

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did not file a certified copy of his prison trust account statement for the six month period

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immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Therefore,

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

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a certified copy in support of his application.

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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 completed

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affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk

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of Court;

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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; and
3. 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. 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: July 23, 2015

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toth1523.3c+.new

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