Whitely v. Lebeck et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 03/01/18 DENYING 2 Motion to Proceed IFP. The clerk of the court shall provide plaintiff with another copy of the in forma pauperis application used by this court. Plaintiff shall submit within 30 days from the date of this order, a completed in forma pauperis application with a dated signature. Plaintiff does not need to have the certificate portion completed by prison staff or submit another copy of his prison trust account statement. (Plummer, M)

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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 EVERTON WHITELY, 12 13 14 15 No. 2:17-cv-2107 AC P Plaintiff, v. ORDER J. LEBECK, et al., 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 19 28 U.S.C. § 1915. However, plaintiff failed to sign and date his application to proceed in forma 20 pauperis (EFC No. 2). See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided another opportunity 21 to submit a signed application to proceed in forma pauperis. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied; 24 2. The Clerk of the Court shall provide plaintiff with another copy of the in forma 25 26 pauperis application used by this court; and 3. Plaintiff shall submit, within thirty days from the date of this order, a completed in 27 forma pauperis application with dated signature. Plaintiff does not need to have the certificate 28 portion completed by prison staff or submit another copy of his prison trust account statement. 1 1 Failure to comply with this order will result in a recommendation that this action be dismissed 2 without prejudice. 3 4 IT IS SO ORDERED. DATED: March 1, 2018 5 6 7 8 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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