Burnett v. Weeks et al

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/6/2015 ORDERING plaintiff to submit, within 30 days, a completed affidavit to proceed ifp; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a certified trust account statement. (Yin, K)

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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 ESTER BURNETT, 12 No. 2:15-cv-2070 CKD P Plaintiff, 13 v. 14 R. WEEKS, et al., 15 ORDER 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, the certificate portion of the request which must be completed by 20 plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a 21 certified copy of his prison trust account statement for the six month period immediately 22 preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the 23 opportunity to submit a completed in forma pauperis application and a certified copy in support of 24 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: October 6, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 2/md; burn2070.3c+.new 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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