Grimes v. Grossjan

Filing 18

ORDER signed by Magistrate Judge Deborah Barnes on 07/31/18 VACATING 16 the Findings and Recommendations. Within 30 days of the filed date of this order, plaintiff shall file with the court a signed motion to proceed in forma pauperis. Plaintif f should note that he does not need to include a copy of his trust fund account statement. That statement has already been provided to the court. 5 Plaintiff also does not need to have an officer sign the certificate regarding the amount currently in his account. The only thing the court requires is a completed and signed Application to Proceed in Forma Pauperis by a Prisoner. The Clerk of the Court shall provide plaintiff with a copy of the Application to Proceed in Forma Pauperis by a Prisoner.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH GRIMES,

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No. 2:17-cv-2394 MCE DB P

Plaintiff,

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v.

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M. GROSSJAN,

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ORDER

Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. While plaintiff filed a motion to proceed in forma pauperis, he failed to

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sign that motion. The court has provided plaintiff several opportunities to file a signed motion.

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(See ECF Nos. 6, 10, 15.) On July 13, 2018, the undersigned recommended this action be

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dismissed for plaintiff’s failure to prosecute and to comply with court orders. (ECF No. 16.)

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Plaintiff filed objections to the findings and recommendations. (ECF No. 17.) He shows

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that he has been moved numerous times during the last six months, which means he frequently

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has not had access to his legal materials and has experienced delays in receiving copies of court

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orders. The court finds plaintiff has shown good cause for additional time to file a signed motion

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to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

The Findings and Recommendations filed July 13, 2018 are vacated; and
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2. Within thirty (30) days of the filed date of this order, plaintiff shall file with the court

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a signed motion to proceed in forma pauperis. Plaintiff should note that he does not

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need to include a copy of his trust fund account statement. That statement has already

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been provided to the court. (ECF No. 5.) Plaintiff also does not need to have an

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officer sign the certificate regarding the amount currently in his account. The only

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thing the court requires is a completed and signed “Application to Proceed in Forma

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Pauperis by a Prisoner.”

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3. The Clerk of the Court shall provide plaintiff with a copy of the Application to
Proceed in Forma Pauperis by a Prisoner.
Dated: July 31, 2018

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DLB:9
DB/prisoner-civil rights/grim2394.ifp(4)

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