Daniels v. Arnold

Filing 13

ORDER signed by Magistrate Judge Allison Claire on 4/12/16 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six-month period immediately preceding th e filing of the complaint and shall obtain the assistance of an authorized prison official to complete the certificate portion of the application form. 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TED DARNELL DANIELS, 12 No. 2:16-cv-0551 MCE AC P Plaintiff, 13 v. 14 ERIC ARNOLD, 15 ORDER Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983. On March 31, 2016, plaintiff was directed to pay the filing fee or submit an 19 application to proceed in forma pauperis. Plaintiff has now filed a request for leave to proceed in 20 forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of 21 his prison trust account statement for the six-month period immediately preceding the filing of the 22 complaint and obtained the certification required on the application form. See 28 U.S.C. § 23 1915(a)(2). Plaintiff will be provided the opportunity to submit the completed application and the 24 certified copy in support of his application to proceed in forma pauperis. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of 27 his prison trust account statement for the six-month period immediately preceding the filing of the 28 ///// 1 1 complaint and shall obtain the assistance of an authorized prison official to complete the 2 certificate portion of the application form. 3 4 5 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 6 action be dismissed without prejudice. 7 DATED: April 12, 2016 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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