Hunter v. Lopez, et al.

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/31/16 dismissing 13 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint and the certification required on the application form. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff's 3 pending motions for discovery 9 , 12 , and 14 are denied as premature, as no defendant has been served. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID SAMPSON HUNTER,

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No. 2:16-cv-0483 CKD P

Plaintiff,
v.

ORDER

M. KROENLEIN, 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. On March 15, 2016, plaintiff was directed to submit an application to proceed in

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forma pauperis on the form used by this district, along with a certified copy of his prison trust

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account statement. Plaintiff has now filed 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 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 and

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obtained the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff

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will be provided the opportunity to submit the completed application and the certified copy in

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support of his application to proceed in forma pauperis.

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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. 13) is dismissed without

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prejudice;
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2. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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

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complaint and the certification required on the application form. Plaintiff’s failure to comply

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with this order will result in a recommendation that this action be dismissed without prejudice.

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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.
4. Plaintiff’s four pending motions for discovery (ECF Nos. 9, 12 , 14 & 15) are denied as

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premature, as no defendant has been served.

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Dated: March 31, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/kly
hunt0483.3e

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