(PC) Allen v. Sacramento County

Filing 15

ORDER signed by Magistrate Judge Deborah Barnes on 11/17/2021 ORDERING plaintiff to submit, within 30 days, a properly completed ifp application and a certified copy of his prison trust account statement. The Clerk shall send plaintiff a new ifp application. Within 30 days, plaintiff shall re-file a signed First Amended Complaint. Failure to comply with this order will result in a recommendation that this action be dismissed. (Yin, K)

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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 ANTHONY L. ALLEN, 12 13 14 15 No. 2:21-cv-0344 DB P Plaintiff, v. ORDER SACRAMENTO COUNTY, 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. On October 27, 2021, plaintiff was directed to submit an application to proceed in 19 forma pauperis. Plaintiff has now filed an incomplete request for leave to proceed in forma 20 pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has also not filed a certified copy of his prison 21 trust account statement for the six-month period immediately preceding the filing of the 22 complaint and obtained the certification required on the application form. See 28 U.S.C. § 23 1915(a)(2). Plaintiff will be provided the opportunity to submit a properly completed application 24 and the certified copy in support of his application to proceed in forma pauperis. 25 Additionally, plaintiff did not sign the First Amended Complaint (“FAC”). Parties 26 proceeding without counsel are required to sign all pleadings, motions, and other papers 27 submitted to the court for filing. Fed. R. Civ. P. 11(a). Thus, the court is unable to consider the 28 FAC unless he signs and re-files it. 1 1 2 Accordingly, plaintiff is provided an opportunity to re-file the FAC which bears his signature. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of 5 his prison trust account statement for the six-month period immediately preceding the filing of the 6 complaint and the certification required on the application form. 7 8 9 10 11 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. 3. Within thirty days from the date of this order, plaintiff shall re-file a signed First Amended Complaint. 4. Failure to comply with this order will result in a recommendation that this action be 12 dismissed. 13 Dated: November 17, 2021 14 15 16 17 18 19 DB:14 DB/DB Prisoner Inbox/Civil Rights/R/alle0344.r11+3e 20 21 22 23 24 25 26 27 28 2

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