Garduno v. McDonald et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 11/19/15 ORDERING that plaintiff shall, within 30 days after the filing date of this order, submit to the court: (a) a completed affidavit in support of his request to proceed in forma pauperis o n the form provided herewith by the Clerk of Court; and (b) a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint. 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN GARDUNO,

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Plaintiff,

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No. 2:15-cv-2370 AC P

v.

ORDER

MIKE MCDONALD, Warden, 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. There are three problems with plaintiff’s request to proceed in forma pauperis.

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First, although plaintiff states on the form that he is currently employed, he does not state the

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amount of his pay in the space provided. Second, the certificate portion of the request (which

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must be completed by an authorized officer at plaintiff’s place of incarceration) has not been

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completed. Third, plaintiff has not filed a certified copy of his prison trust account statement for

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the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. §

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1915(a)(2). Plaintiff will be provided the opportunity to submit a new and fully completed

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request to proceed in forma pauperis together with a certified copy of his prison trust account

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statement for the six-month period preceding the filing of his complaint.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff shall, within thirty days after the filing date of this order, submit to the court:

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(a) a completed affidavit in support of his request to proceed in forma pauperis on the

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form provided herewith by the Clerk of Court; and
(b) a certified copy of his prison trust account statement for the six-month period
immediately preceding the filing of his complaint.
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.
3. 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: November 19, 2015

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