Osorio et al v. Rio Cosumnes Correctional Center

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 1/4/2017 ORDERING plaintiff Carlos D. Osorio Zuniga shall submit, within 30 days, a certified copy of his inmate trust account statement and the certification required on the application form. Plaintiff Anil Kumar is DISMISSED from this action without prejudice. The Clerk shall (a) change plaintiff's name in court records to "Carlos Daniel Osorio Zuniga." ; (b) send plaintiff Zuniga 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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CARLOS DANIEL OSORIO ZUNIGA, et
al.,
Plaintiffs,

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No. 2:16-cv-2486 KJN P

ORDER
v.
RIO COSUMNES CORRECTIONAL
CENTER,

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Defendant.

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On October 31, 2016, plaintiffs were directed to pay the filing fee or submit an application

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to proceed in forma pauperis. On December 19, 2016, the undersigned ordered both plaintiffs

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Osorio and Kumar to show cause, within fourteen days, why this case should not be dismissed.

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Plaintiff Osorio filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915, and now identifies himself as “Carlos Daniel Osorio Zuniga.” He has not, however, filed

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a certified copy of his inmate trust account statement for the six month period immediately

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preceding the filing of the complaint and obtained the certification required on the application

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form. See 28 U.S.C. § 1915(a)(2). Therefore, he will be provided the opportunity to submit the

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completed application and the certified copy in support of his application to proceed in forma

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pauperis.
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Plaintiff Kumar consented to proceed before the undersigned for all purposes. (ECF No. 4.)

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Plaintiff Kumar did not respond to the court’s order to show cause. Plaintiffs were warned that

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failure to respond to the order to show cause would result in the dismissal of this action. Thus,

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plaintiff Kumar is dismissed from this action without prejudice.

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

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1. Plaintiff Carlos Daniel Osorio Zuniga shall submit, within thirty days from the date of

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this order, a certified copy of his inmate trust account statement for the six month period

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immediately preceding the filing of the complaint and the certification required on the application

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form. Plaintiff’s failure to comply with this order will result in a recommendation that this action

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be dismissed without prejudice.

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2. Plaintiff Kumar is dismissed from this action without prejudice.

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3. The Clerk of the Court is directed to:

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a. Change plaintiff’s name in court records to “Carlos Daniel Osorio Zuniga.”

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b. Send plaintiff Zuniga a new Application to Proceed In Forma Pauperis By a

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Prisoner.

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Dated: January 4, 2017

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/osor2486.3e

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