Candler v. Frederick et al

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 9/29/15: Plaintiff shall submit, within thirty days from the date of this order, a completed affidavit in support of his request to proceed IFP. The Clerk of the Court is directed to send plaintiff a new Application to Proceed IFP. (Kaminski, H)

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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 KEITH CANDLER, 12 13 14 No. 2:15-cv-1897 KJN P Plaintiff, v. ORDER J. FREDERICK, 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, plaintiff’s request is not on the form used by this district, and does not 20 contain the certificate portion which must be completed by plaintiff’s institution of incarceration. 21 Also, plaintiff has not filed a certified copy of his prison trust account statement for the six month 22 period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Therefore, 23 plaintiff is provided the opportunity to submit a completed in forma pauperis application and a 24 certified copy in support of his application. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Plaintiff shall submit, within thirty days from the date of this order, a completed 27 affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk 28 of Court; 1 1 2 3 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 4 his prison trust account statement for the six month period immediately preceding the filing of the 5 complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this 6 action be dismissed without prejudice. 7 Dated: September 29, 2015 8 9 cand1897.3c+.new 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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