Ford v. Culhane et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/20/2017 DENYING 2 Motion to Proceed IFP without prejudice. Plaintiff to submit a signed and completed IFP form with required trust account statement within 30 days from the date of this order. (Henshaw, R)

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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 MARIET TIMOTHY FORD, 12 13 14 15 No. 2:17-cv-0711-EFB P Plaintiff, v. ORDER KEVIN R. CULHANE, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has filed an application for leave to proceed in forma pauperis, but it is 19 unsigned, missing pages, and does not attach a certified trust account statement. See ECF No. 2. 20 Rule 11 of the Federal Rules of Civil Procedure requires that “[e]very pleading, written motion, 21 and other paper . . . be signed by at least one attorney of record in the attorney’s name—or by a 22 party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). The court cannot rule on 23 plaintiff’s application for leave to proceed in forma pauperis because plaintiff has not signed it. 24 Moreover, section 1915(a)(2) requires “a prisoner seeking to bring a civil action without 25 prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph 26 (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) 27 for the prisoner for the 6-month period immediately preceding the filing of the complaint . . . , 28 obtained from the appropriate official of each prison at which the prisoner is or was confined.” 1 1 Plaintiff has not submitted a certified copy of his trust account statement or the institutional 2 equivalent. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiff’s application for leave to proceed in forma pauperis (ECF No. 2) is denied 5 without prejudice. 6 2. Within 30 days from the date of this order, plaintiff shall submit a signed and complete 7 affidavit in support of his request for leave to proceed in forma pauperis, along with the 8 required trust account statement. Plaintiff’s failure to comply with this order may result 9 in this action being dismissed. 10 11 12 3. The Clerk of the Court is directed to send plaintiff a copy of the in forma pauperis form used by this district. Dated: April 20, 2017. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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