Arzaga v. Cate et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 2/3/16 ORDERING that Plaintiff shall, within 30 days from the filing date of this order, submit a newly completed affidavit in support of his request to proceed in forma pauperis on the form pro vided herewith by the Clerk of Court; the certificate portion of the affidavit shall be completed by an official at plaintiffs place of incarceration; and plaintiff shall attach a certified copy of his prison trust account statement for the si x-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. Plaintiff's 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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DANIEL J. ARZAGA,

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No. 2:16-cv-0151 AC P

Plaintiff,
v.

ORDER

MATTHEW CATE, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights complaint pursuant to

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42 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. However, the certificate portion of the in forma pauperis request (which must be

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completed by an official at plaintiff’s place of incarceration) has not been filled out. Also,

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plaintiff has not filed a certified copy of his prison trust account statement for the six-month

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period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff

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will be provided the opportunity to submit a completed in forma pauperis application and a

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certified copy of his trust account statement for the relevant period.

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

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1. Plaintiff shall, within thirty days from the filing date of this order, submit a newly

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completed affidavit in support of his request to proceed in forma pauperis on the form provided

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herewith by the Clerk of Court; the certificate portion of the affidavit shall be completed by an
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official at plaintiff’s place of incarceration; and plaintiff shall attach 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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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: February 3, 2016

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