(PC) Foster v. White

Filing 9

ORDER signed by Magistrate Judge Jeremy D. Peterson on 4/26/2021 DENYING without prejudice plaintiff's #7 , #8 motions to proceed ifp. The Clerk shall send plaintiff a new ifp application. Plaintiff shall submit, within 30 days, a completed affidavit to proceed ifp. Plaintiff shall also submit, within 30 days, a certified copy of his inmate trust account statement. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN LEE FOSTER,

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Plaintiff,

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v.

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Case No. 2:21-cv-00388-JDP (PC)
ORDER DIRECTING PLAINTIFF TO
SUBMIT A COMPLETE IN FORMA
PAUPERIS APPLICATION AND INMATE
TRUST ACCOUNT STATEMENT

STEVE WHITE,

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Defendant.

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Plaintiff, a county inmate proceeding without counsel, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983. On April 7, 2021, plaintiff was directed to either pay the filing fee

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or submit an application to proceed in forma pauperis. Plaintiff has submitted a request for leave

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to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of

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the request, which must be completed by plaintiff’s institution of incarceration, has not been filled

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out. Also, plaintiff has not filed a certified copy of his inmate trust account statement for the six-

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month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2).

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Plaintiff will be provided the opportunity to submit a completed in forma pauperis application

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and a certified copy in support of his application.

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In accordance with the above, it is hereby ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis, ECF Nos. 7 & 8, is denied without

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prejudice.
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2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.

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3. Plaintiff shall submit, within thirty days from the date of this order, a completed

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affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk

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of Court.

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4. Plaintiff shall submit, within thirty days from the date of this order, a certified copy of

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his inmate trust account statement for the six-month period immediately preceding the filing of

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the complaint. Plaintiff’s failure to comply with this order will result in a recommendation that

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this action be dismissed without prejudice.

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IT IS SO ORDERED.

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Dated:
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April 26, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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