Petillo v. Federal Bureau of Investigations

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 1/3/17 ORDERING that 2 Motion to Proceed IFP is DISMISSED without prejudice; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and plaintiff shall submit, within 30 days from the date of this order, a completed application to proceed in forma pauperis.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS PETILLO, JR.,

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Plaintiff,

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No. 2:16-cv-2978 DB P

v.

ORDER

FEDERAL BUREAU OF
INVESTIGATIONS,
Defendant.

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On December 21, 2016, plaintiff, a state prisoner proceeding pro se, filed a civil rights

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action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. In addition, on December 27, 2016, plaintiff filed a copy of his

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prisoner trust fund account statement. Plaintiff has not, however, filed his application for leave to

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proceed in forma pauperis on the form used by this district. Accordingly, plaintiff’s application

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will be dismissed and plaintiff will be provided the opportunity to submit the application on the

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appropriate form.

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

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1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is dismissed without
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; and
3. Plaintiff shall submit, within thirty days from the date of this order, a completed

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application to proceed in forma pauperis. Plaintiff’s failure to comply with this order will result

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in a recommendation that this action be dismissed without prejudice.

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Dated: January 3, 2017

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DLB:9
DLB1/prisoner-civil rights/peti2978.3d

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