Herndon v. Police Department

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 1/6/2016 DENYING without prejudice petitioner's 6 application to proceed IFP. Petitioner has 30 days to submit (a) a completed application to proceed ifp; or (b) a request to voluntarily dismiss this action; and the Clerk shall send petitioner a ifp form. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERROD HERNDON,

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Petitioner,

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No. 2:15-cv-2419 MCE KJN P

v.

ORDER

THE POLICE DEPARTMENT,

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Respondent.

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Petitioner is a county inmate, proceeding pro se. By order filed December 4, 2015,

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petitioner was directed to submit an affidavit to proceed in forma pauperis or pay the filing fee

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within thirty days. On December 17, 2015, petitioner filed an application to proceed in forma

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pauperis, but failed to have the certificate portion completed by prison officials. (ECF No. 6 at

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2.)

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Moreover, on December 28, 2015, petitioner filed a document that reads as follows:

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[“Has no further argument”].

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“Suspend judgment to further information.

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Case closed.

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please

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thank you.

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(ECF No. 7 at 2.)
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Petitioner’s recent filing is unclear. If he wishes to voluntarily dismiss his case, he should

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request simply that the court dismiss the case. But if petitioner intends to pursue this action, he

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must submit a completed application to proceed in forma pauperis that includes the certification

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by prison officials. Petitioner is granted an extension of time in which to advise the court how he

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wishes to proceed. If petitioner intends to proceed with this action, his response must be

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accompanied by a completed application to proceed in forma pauperis that includes the

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certification by prison officials. If petitioner seeks to dismiss this action, he must file a request

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that the court dismiss his case. Petitioner is cautioned that if he fails to respond to this order, the

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undersigned will recommend that his action be dismissed based on his failure to provide a

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completed application to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s application (ECF No. 6) is denied without prejudice to submission of a

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completed application to proceed in forma pauperis;
2. Petitioner is granted thirty days in which to submit (a) a completed application to
proceed in forma pauperis; or (b) a request to voluntarily dismiss this action; and
3. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis

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form used by this district.

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Dated: January 6, 2016

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