Moten v. Sosa

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 1/23/2017 DENYING, without prejudice, plaintiff's prior 5 , 6 requests to proceed ifp; the Clerk shall send plaintiff a new ifp application; plaintiff shall submit within 30 days, a completed ifp application together with a certified trust account statement. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE T. MOTEN, 12 No. 2:17-cv-0068 AC P Plaintiff, 13 v. 14 K. SOSA, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983 that was recently transferred to this court. Plaintiff’s pending requests for leave to 19 proceed in forma pauperis pursuant to 28 U.S.C. § 1915 are not on the form used by this district. 20 Accordingly, plaintiff’s pending requests will be denied without prejudice to his submission of a 21 new request on the appropriate form provided with this order. Plaintiff is cautioned that he must 22 also provide a certified copy of his prison trust account statement for the six-month period 23 immediately preceding the filing of his complaint. 24 In accordance with the above, IT IS HEREBY ORDERED that: 25 1. Plaintiff’s prior requests to proceed in forma pauperis, ECF No. 5 & 6, are denied 26 27 28 without prejudice; 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; 1 1 3. Plaintiff shall, within thirty days from the filing date of this order, submit a completed 2 application to proceed in forma pauperis together with a certified copy of his prison trust account 3 statement for the six-month period immediately preceding the filing of his complaint; and 4 4. Plaintiff’s failure to comply with this order will result in a recommendation that this 5 action be dismissed without prejudice. 6 DATED: January 23, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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