(PC) Fowler v. Jones et al

Filing 10

ORDER signed by Magistrate Judge Deborah Barnes on 3/20/2020 ORDERING Plaintiff to submit, within 60 days from the date of this order, a completed affidavit in support of his request to proceed IFP on the form provided by the Clerk, a certified copy of his inmate trust account statement from the 6 month period immediately preceding the filing of the complaint, and an amended complaint that complies with 8 Order. (Henshaw, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DeANDRE FOWLER, 12 13 14 15 No. 2:20-cv-0287 DB P Plaintiff, v. ORDER SCOTT JONES, et al., Defendants. 16 17 Plaintiff, a county prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. In an order filed February 7, 2020, plaintiff was informed that if he wishes to 19 continue with this action he must file a request to proceed in forma pauperis and an amended 20 complaint within thirty days. On March 12, plaintiff filed a motion to proceed in forma pauperis. 21 However, the certificate portion of the request which must be completed by plaintiff’s institution 22 of incarceration has not been filled out. Also, plaintiff has not filed a certified copy of his inmate 23 trust account statement for the six-month period immediately preceding the filing of the 24 complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit a 25 completed in forma pauperis application and a certified copy in support of his application. 26 Plaintiff has also not complied with the February 7 order by filing an amended complaint. 27 Plaintiff will be given one more opportunity to do so. If plaintiff fails to file an amended 28 complaint within the time provided, this court will recommend that this case be dismissed. 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall submit, within sixty days from the date of this order, the following three 3 4 5 6 7 8 9 things: a. a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court; b. a certified copy of his inmate trust account statement for the six month period immediately preceding the filing of the complaint; and c. an amended complaint that complies with the court’s February 7 order. 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In 10 Forma Pauperis By a Prisoner and a copy of the form for prisoner civil rights complaints. 11 Dated: March 20, 2020 12 13 14 15 16 17 DLB:9 DB/prisoner-civil rights/fowl0287.3c+new 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?