Sloan v. Commissioner of the Department of Corrections and Rehabilitation et al

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 1/25/2016 DENYING without prejudice plaintiff's 2 application to proceed ifp; plaintiff shall submit, within 30 days, a completed affidavit to proceed ifp, accompanied by a trust account statement; and the Clerk shall send plaintiff a new ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNNY LEE SLOAN, JR.,

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No. 2:15-cv-1921 MCE AC P

Plaintiff,
v.

ORDER

COMMISSIONER OF THE
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, 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 and plaintiff has not filed 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 the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to

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submit a completed in forma pauperis application and a certified copy in support of his

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application.

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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. 2) is denied without

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prejudice.
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2. 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. The affidavit must be accompanied by a copy of his prison trust account statement for

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the six month period immediately preceding the filing of the complaint. Failure to comply with

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this order will result in a recommendation that this action be dismissed without prejudice.

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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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DATED: January 25, 2016

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