Khamo v. Warden, et al.

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/30/2016 VACATING the 9/15/2016 findings and recommendations 7 . Within 30 days, plaintiff shall file a completed ifp application. The Clerk shall send plaintiff a new ifp form. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FABIAN KHAMO,

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No. 2:16-cv-1827-MCE-EFB P

Plaintiff,
v.

ORDER

WARDEN OF CSP-SAC, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On September 15, 2016, the court recommended that this action be dismissed

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after plaintiff failed to submit either the filing fee or the in forma pauperis application required by

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28 U.S.C. § 1915(a). Thereafter, plaintiff submitted a partial application for leave to proceed in

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forma pauperis. Accordingly, the court’s September 15, 2016 findings and recommendations

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(ECF No. 7) are vacated. However, the court cannot review plaintiff’s complaint until plaintiff

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properly files a complete application to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. Within 30 days from the date of this order, plaintiff shall file a completed affidavit in

The September 15, 2016 findings and recommendations (ECF No. 7) are vacated.

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support of his application to proceed in forma pauperis. Failure to comply with this

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order may result in another recommendation of dismissal.
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3. The Clerk of the court is directed to send to plaintiff a new form Application to
Proceed In Forma Pauperis by a Prisoner.
DATED: September 30, 2016.

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