Gomez v. CDCR et al

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2017 DISMISSING without prejudice 3 Motion to Proceed IFP. Plaintiff to submit, within 30 days from the date of this order, a completed application to proceed IFP. (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 EDWARD GOMEZ, 12 13 14 No. 2:17-cv-1247 KJN P Plaintiff, v. ORDER CDCR, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983, together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma 20 pauperis on the form used by this district. Accordingly, plaintiff’s application will be dismissed 21 and plaintiff will be provided the opportunity to submit the application on the appropriate form. 22 Plaintiff is cautioned that he must also provide a certified copy of his prison trust account 23 statement for the six month period immediately preceding the filing of his complaint. 24 In accordance with the above, IT IS HEREBY ORDERED that: 25 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 3) is dismissed without 26 27 28 prejudice; 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 1 1 3. Plaintiff shall submit, within thirty days from the date of this order, a completed 2 application to proceed in forma pauperis. Plaintiff’s failure to comply with this order will result 3 in a recommendation that this action be dismissed without prejudice. 4 Dated: July 7, 2017 5 6 7 8 gome1247.3d 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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