Hill v. Swarthout et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 1/25/16 ORDERING that plaintiff's application to proceed in forma pauperis (ECF No. 2 ) is DISMISSED without prejudice. 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 the Clerk of Court. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, 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 KENNETH HILL, 12 No. 2:15-cv-2012 AC P Plaintiff, 13 v. ORDER 14 GARY SWARTHOUT, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 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 and plaintiff has not filed a certified 21 copy of his prison trust account statement for the six month period immediately preceding the 22 filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to 23 submit a completed in forma pauperis application and a certified copy in support of his 24 application. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is dismissed without 27 prejudice. 28 //// 1 1 2. Plaintiff shall submit, within thirty days from the date of this order, a completed 2 affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk 3 of Court. The affidavit must be accompanied by a copy of plaintiff’s prison trust account 4 statement for the six month period immediately preceding the filing of the complaint. Failure to 5 comply with this order will result in a recommendation that this action be dismissed without 6 prejudice. 7 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 8 Forma Pauperis By a Prisoner. 9 DATED: January 25, 2016 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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