Garcia v. Greenleaf et al

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 2/18/2016 ORDERING plaintiff to submit, within 30 days, a complted application to proceed ifp; and a certified trust account statement. The Clerk shall send plaintiff a new ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON MICHAEL GARCIA,

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Plaintiff,

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No. 2:16-cv-0269 AC P

v.

ORDER

DELMAR GREENLEAF, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding through counsel, has filed a civil rights complaint

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pursuant to 42 U.S.C. § 1983, together with an application to proceed in forma pauperis pursuant

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to 28 U.S.C. § 1915. There are three problems with plaintiff’s in forma pauperis application.

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First, plaintiff has not signed and dated the application. Second, the Certificate portion of the

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form – which must be completed by an authorized official at plaintiff’s place of incarceration –

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has not been filled out. Third, plaintiff has not submitted a certified copy of his prison trust

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

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See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit a fully

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completed in forma pauperis application and a certified copy of his trust account statement for the

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relevant period.

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Accordingly, 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 application in support of his request to proceed in forma pauperis,

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on the form provided herewith by the Clerk of Court, that includes plaintiff’s dated signature and

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completion of the Certificate portion of the affidavit by an authorized official at plaintiff’s place

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of incarceration; 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. Failure to comply with this order will result in a recommendation that this action be

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dismissed without prejudice.

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DATED: February 18, 2016

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