Bush v. Butte County Sheriff's Office

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 12/20/16 ORDERING that plaintiff's motion to proceed in forma pauperis, ECF No. 2 , is DENIED withoutprejudice; Clerk of the Court is directed to send plaintiff a new Application to Proceed in Forma Pauperis By a Prisoner; Plaintiff shall, within 30 days from the filing date of this order, submit: a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court; and a certified c opy of his prison (or jail) trust account statement for the six-month period immediately preceding the filing of the complaint. Plaintiff's failure to timely comply with this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA MARCUS BUSH,

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Plaintiff,

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No. 2:16-cv-2844 WBS AC P

v.

ORDER

BUTTE COUNTY SHERIFF’S OFFICE,

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Defendant.

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Plaintiff, a county inmate 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 certificate portion of the request which must be completed by

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plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a

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certified copy of his prison (or, in this case, county jail) trust account statement for the six-month

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period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff

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will be provided the opportunity to submit a completed in forma pauperis application and a

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certified copy in support of his application.

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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 without

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prejudice;

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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed in
Forma Pauperis By a Prisoner;
3. Plaintiff shall, within thirty days from the filing date of this order, submit: (1) a

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completed affidavit in support of his request to proceed in forma pauperis on the form provided

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by the Clerk of Court; and (2) a certified copy of his prison (or jail) trust account statement for the

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six-month period immediately preceding the filing of the complaint.

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

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this action be dismissed without prejudice.

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DATED: December 20, 2016

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