Darnes v. Ellis et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/2017 ORDERING Plaintiff to submit, within 30 days from the date of this order, a completed affidavit in support of request to proceed IFP with a certified copy of jail trust account statement for the 6 month period immediately preceding the filing of the complaint. (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 TAMICA NICOLE DARNES, 12 13 14 No. 2:17-cv-2170 KJN P Plaintiff, v. ORDER JOHN B. ELLIS, et al., 15 Defendants. 16 17 Plaintiff, a county inmate 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. However, the certificate portion of the request which must be completed by 20 plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not filed a 21 certified copy of her jail trust account statement for the six month period immediately preceding 22 the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Therefore, plaintiff will be provided the 23 opportunity to submit a completed in forma pauperis application and a certified copy in support of 24 her application. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Plaintiff shall submit, within thirty days from the date of this order, a completed 27 affidavit in support of her request to proceed in forma pauperis on the form provided by the Clerk 28 of Court; 1 1 2 3 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 3. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of 4 her jail trust account statement for the six month period immediately preceding the filing of the 5 complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this 6 action be dismissed without prejudice. 7 Dated: October 31, 2017 8 9 10 11 12 darn2170.3c+new 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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