McElroy v. CHCF Chief Classifications Services et al

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 08/31/17 ordering plaintiff's motion 3 is denied. Plaintiffs completed and signed application to proceed in forma pauperis shall be filed on or before September 29, 2017. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EJ MCELROY,

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Plaintiff,

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No. 2:17-cv-1739 KJN P

v.

ORDER

CHCF CHIEF CLASSIFICATIONS
SERVICES, et al.,
Defendants.

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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. On August 24, 2017, plaintiff filed a motion asking the court to order prison staff

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to execute his application to proceed in forma pauperis. (ECF No. 3.) However, on August 25,

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2017, the prison filed plaintiff’s certified trust account statement. Therefore, no further

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certification is required. But, plaintiff has not filed his own in forma pauperis affidavit. If

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plaintiff wants to proceed in forma pauperis, he must complete, sign and submit his application to

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proceed in forma pauperis1 to the court. By order filed August 29, 2017, plaintiff was granted

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Although the court’s form has a section for certification by prison officials, that section is for
inmates not housed in the California Department of Corrections and Rehabilitation. As noted
above, the prison has already provided plaintiff’s certified financial information.
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thirty days in which to file the application or pay the $400.00. Thus, plaintiff must file his

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completed and signed application on or before September 29, 2017.

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

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1. Plaintiff’s motion (ECF No. 3) is denied; and

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2. Plaintiff’s completed and signed application to proceed in forma pauperis shall be filed

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on or before September 29, 2017. Plaintiff’s failure to comply court orders will result in a

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recommendation that this action be dismissed.

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Dated: August 31, 2017

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/mcel1739.den

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