Mitchell v. Duffy et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 11/08/16 denying 2 Motion to Proceed IFP. Within 30 days of service of this order, plaintiff shall submit the completed application to proceed in forma pauperis by a prisoner that he receives from the court so that the court may obtain a certified copy of his trust account statement. The clerk of the court is directed to send plaintiff an application to proceed in forma pauperis by a prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL MITCHELL,

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Plaintiff,

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No. 2:16-cv-0703 JAM AC P

v.

ORDER

BRIAN DUFFY, 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 together with a request for leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. However, the copy of plaintiff’s prison trust account statement for the six-month

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period immediately preceding the filing of the complaint has not been certified. See 28 U.S.C. §

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1915(a)(2). The court recently began using a new application to proceed in forma pauperis that

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authorizes the California Department of Corrections and Rehabilitation (CDCR) to provide a

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certified copy of plaintiff’s trust account statement directly to the court. Therefore, instead of

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having plaintiff submit a certified copy of his trust account statement, his previous request will be

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denied and he will be provided a copy of the new form, which he should complete and file in this

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case so that the court may obtain a certified copy of his trust account statement directly from the

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CDCR.

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

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied.

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2. Within thirty days of service of this order, plaintiff shall submit the completed

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Application to Proceed In Forma Pauperis By a Prisoner that he receives from the court so that

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the court may obtain a certified copy of his trust account statement. Plaintiff’s failure to comply

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with this order will result in a recommendation that this action be dismissed.

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3. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma

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Pauperis By a Prisoner.

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DATED: November 8, 2016

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