(PC) Hairston v. Archie et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/19/2023 DISMISSING the #3 Motion to Proceed IFP. Motion to Proceed IFP on the district form due within 30 days. (Spichka, 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 KEVIN TYRONE HAIRSTON, 12 Plaintiff, 13 14 No. 2:23-cv-0900 CKD P v. ORDER R. ARCHIE, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. Plaintiff has not, however, filed his application for leave to proceed in forma 20 pauperis on the form used by this district. Accordingly, plaintiff’s application will be dismissed 21 and plaintiff will be provided the opportunity to submit the application on the appropriate form. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 3) is dismissed without 24 prejudice; 2. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma 25 26 Pauperis By a Prisoner; and 27 ///// 28 //// 1 1 3. Plaintiff shall submit, within thirty days from the date of this order, a completed 2 application to proceed in forma pauperis. Plaintiff’s failure to comply with this order will result 3 in a recommendation that this action be dismissed without prejudice. 4 Dated: May 19, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 12/hair0900.3d 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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