Candler v. Prather et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/17/2017 DENYING without prejudice plaintiff's 2 application to proceed IFP. Within 30 days, plaintiff shall submit a signed affidavit in support of his request to proceed ifp. The Clerk shall send plaintiff an 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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KEITH CANDLER,

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No. 2:17-cv-0023-EFB P

Plaintiff,

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v.

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PRATHER, et al.,

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ORDER

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. He has filed an application for leave to proceed in forma pauperis, but he failed to

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sign it. See ECF No. 2. Rule 11 of the Federal Rules of Civil Procedure requires that “[e]very

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pleading, written motion, and other paper . . . be signed by at least one attorney of record in the

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attorney’s name—or by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a).

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The court cannot rule on plaintiff’s application for leave to proceed in forma pauperis because

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plaintiff has not signed it.

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Accordingly, IT IS HEREBY ORDERED that:

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

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without prejudice.
2. Within 30 days from the date of this order, plaintiff shall submit a signed affidavit in
support of his request for leave to proceed in forma pauperis.
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3. Plaintiff’s failure to comply with this order may result in this action being dismissed.

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4. The Clerk of the Court is directed to send plaintiff a copy of the in forma pauperis form

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used by this district.

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DATED: January 17, 2017.

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