McQueen v. Brown et al.

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 12/16/15 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, inc luding completion of the certificate portion of the affidavit, on the form provided herewith by the Clerk of Court; and(b) a certified copy of plaintiffs 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. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMAR MCQUEEN,

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Plaintiff,

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No. 2:15-cv-2544 JAM AC P

v.

ORDER

EDMUND BROWN, 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 two problems with plaintiff’s request to proceed in forma pauperis.

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First, the certificate portion of the request (which must be completed by an authorized officer at

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plaintiff’s place of incarceration) has not been completed. Second, plaintiff has not filed a

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certified copy of his prison trust account statement for the six-month period immediately

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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the

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opportunity to submit a new and fully completed request to proceed in forma pauperis together

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with a certified copy of his prison trust account statement for the six-month period preceding the

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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, including

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completion of the certificate portion of the affidavit, on the form provided herewith by the Clerk

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of Court; and

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(b) a certified copy of plaintiff’s 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: December 16, 2015

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