Barraza v. Unknown

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/5/2017 DISMISSING without prejudice plaintiff's 2 request to proceed IFP; plaintiff shall submit, within 30 days, a signed and completed affidavit to proceed ifp; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit within 30 days, a certified copy of his prison trust account statement. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYANT BARRAZA,

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No. 2:17-cv-0682 CKD P

Plaintiff,
v.

ORDER

UNKNOWN,

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Defendant.

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Plaintiff, a state prisoner 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, plaintiff failed to sign and date the application. Also, plaintiff has not

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

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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the

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opportunity to submit a completed in forma pauperis application and a certified copy in support of

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his application.

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

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1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is dismissed without

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prejudice;
2. Plaintiff shall submit, within thirty days from the date of this order, a signed and

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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;
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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
4. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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his prison trust account statement for the six month period immediately preceding the filing of the

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

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action be dismissed without prejudice.

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Dated: April 5, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/kly
barr0682.3c+new

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