Harding v. Eixenberger

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/26/16 denying 2 Motion to Proceed IFP. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff shall submit within 30 days from the date of this order, a completed application to proceed in forma pauperis. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENT LEE HARDING,

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Plaintiff,

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No. 2:16-cv-0116 CKD P

v.

ORDER

MEGAN EIXENBERGER,

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Defendants.

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Plaintiff, a Sacramento County prisoner proceeding pro se, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to

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proceed in forma pauperis on the form used by this district. Accordingly, plaintiff’s application

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will be dismissed and plaintiff will be provided the opportunity to submit the application on the

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appropriate form. Plaintiff is cautioned that he must also provide a certified copy of his prison

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trust account statement for the six month period immediately preceding the filing of his

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complaint.

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

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1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is denied without

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prejudice;

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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 completed

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application to proceed in forma pauperis. Plaintiff’s failure to comply with this order will result

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in a recommendation that this action be dismissed without prejudice.

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Dated: January 26, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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hard0116.3d

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