Payne v. Lays et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/14/2017 DENYING 2 Motion to Proceed IFP. Plaintiff to submit, within 30 days from the date of this order, a completed affidavit in support of her request to proceed IFP on the court form and a certified copy of her trust account statement for the 6 months immediately preceding the filing of the complaint. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JENNIFER ANN PAYNE,
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Plaintiff,
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v.
No. 2:17-cv-2325 CKD P
ORDER
LIMON LAYS, et al.,
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Defendant.
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Plaintiff, a Fresno County Jail inmate proceeding pro se, has filed a civil rights action
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pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis
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pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request which must be
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completed by plaintiff’s institution of incarceration has not been filled out. Also, plaintiff has not
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filed a certified copy of her trust account statement for the six month period immediately
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preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the
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opportunity to submit a completed in forma pauperis application and a certified copy in support of
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her application.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is denied;
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2. Plaintiff shall submit, within thirty days from the date of this order, a completed
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affidavit in support of her request to proceed in forma pauperis on the form provided by the Clerk
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of Court;
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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner; and
4. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of
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her trust account statement for the six month period immediately preceding the filing of the
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complaint. Plaintiff’s failure to comply with this order will result in a recommendation that this
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action be dismissed without prejudice.
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Dated: November 14, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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1/kly
payn2325.3c+new
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