Tierney v. Hamada et al

Filing 25

ORDER DENYING IN FORMA PAUPERIS APPLICATION re 24 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/26/12. ("Plaintiff is ORDERED to submit a complete in forma pauperis application on or before May 3, 2012. See also, ECF #22. Failu re to do so will result in dismissal of this action.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Michael C. Tierney served a copy of this order with an Application to Proceed in Forma Pauperis by a Prisoner and instructions by first class mail at the address of record on April 26, 2012.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
MICHAEL C. TIERNEY,
#A0201434,
Plaintiff,
vs.
FRANCIS HAMADA, et al.,
Defendants.
____________________________

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CIV. NO. 12-00117 SOM/RLP
ORDER DENYING IN FORMA PAUPERIS
APPLICATION

ORDER DENYING IN FORMA PAUPERIS APPLICATION
Before the court is pro se Plaintiff Michael C.
Tierney’s (“Plaintiff”) third in forma pauperis (“IFP”)
application.

The court denied Plaintiff’s first and second IFP

applications because they were incomplete.
#17.

See ECF #7 at 16, ECF

Plaintiff’s third IFP application, dated April 17, 2012, is

also incomplete.

See ECF #24.

In his first amended complaint

(“FAC”), which is signed and dated on March 11, 2012, Plaintiff
asks the court to order OCCC accountant Emy Magcalas to fill out
his IFP applications, suggesting that she has refused to do so.
See ECF #10 at 8.

On March 19, and April 2, 2012, however,

Plaintiff submitted two fully completed IFP applications in two
of his other actions.

See 1:12-cv-00056, ECF #17; 1:12-cv-00059,

ECF #8.
It is clear that Plaintiff has the ability to request
and receive the information he requires from prison officials to
comply with the court’s order to submit a fully completed IFP

application.

Until Plaintiff does so, the court will not

consider his response to the March 6, 2012, Order to Show Cause.
See ECF #7.

Plaintiff’s third in forma pauperis application is

DENIED as incomplete because it does not contain a copy of his
prison trust account statement showing the previous six-month
withdrawals and deposits to his account and is unsigned or
certified by prison authorities.

See 28 U.S.C. § 1915(a)(2).

is therefore DENIED without prejudice.

It

Plaintiff is ORDERED to

submit a complete in forma pauperis application on or before May
3, 2012.

See also, ECF #22.

Failure to do so will result in

dismissal of this action.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, April 26, 2012.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Tierney v. Hamada, et al., Civ. No. 12-00117 SOM-RLP; Order Denying In Forma Pauperis
Application; psa/IFP dmp/ 2012/Tierney 12-117 som IFP #2 (dny incomp)

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