Allen v. Elhers

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 10/11/2017 GRANTING 6 Request to Submit IFP Application Without Trust Account Statement and ORDERING Plaintiff to submit a completed IFP application within 30 days from service 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 MICHAEL DEWAYNE ALLEN, 12 No. 2:17-cv-1943 KJM AC P Plaintiff, 13 v. 14 ELHERS, 15 ORDER Defendant. 16 By order filed September 22, 2017, plaintiff was directed to submit an application to 17 18 proceed in forma pauperis or pay the filing fee. ECF No. 3. In response to that order, plaintiff 19 requests that he be allowed to submit the application without a certified copy of his prison trust 20 account statement. ECF No. 6 Inmates like plaintiff who are in the custody of the California Department of Corrections 21 22 and Rehabilitation (CDCR) are no longer required to provide the court with a certified copy of 23 their prison trust account statements. The application form used by this court includes an 24 authorization that allows the court to obtain the certified statement directly from the CDCR. In 25 other words, as long as plaintiff returns a signed application, the court will take care of getting a 26 copy of plaintiff’s trust account statement and he does not need to include one with the 27 application. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s request to submit an in forma pauperis application without a copy of his trust 3 4 5 6 account statement (ECF No. 6) is granted. 2. Plaintiff shall have thirty days from service of this order to submit a completed application to proceed in forma pauperis. 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 7 Forma Pauperis By a Prisoner. 8 DATED: October 11, 2017 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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