Wideman v. Abercrombie et al

Filing 4

ORDER DENYING IN FORMA PAUPERIS APPLICATION re 3 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 2/26/13. "On or before MARCH 26, 2013, Plaintiff must pay the filing fee of $350.00, or submit a fully completed in forma pauperis application on the court's approved prisoner form, including a certified six-month trust account statement showing that he is a pauper within the meaning of the statute. Failure to do so will result in AUTOMATIC DISMISSAL of the Com plaint and action without prejudice for failure to prosecute this action or to follow a court order." "The Clerk of Court is DIRECTED to send Plaintiff a copy of the court's prisoner in forma pauperis application so that he may co mply with this Order." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electro nic Filing (NEF). Lonnell Reginald Wideman served by first class mail at the address of record on February 27, 2013. A copy of the court's Application to Proceed in forma pauperis by a Prisoner and instructions were included in the mailing to Mr. Wideman.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
LONNELL REGINALD WIDEMAN,

)
)
Plaintiff,
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vs.
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NEIL ABERCROMBIE, et al.,
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)
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Defendants.
______________________________ )

CIV. NO. 13-00081 SOM/BMK
ORDER DENYING IN FORMA
PAUPERIS APPLICATION

ORDER DENYING IN FORMA PAUPERIS APPLICATION
Plaintiff is confined at the Saguaro Correctional
Center, located in Eloy, Arizona, and has filed pro se a civil
rights complaint and an in forma pauperis application.
Plaintiff’s in forma pauperis application is incomplete.

It is

not on court-approved forms and does not contain a certified
prison trust account statement showing the withdrawals and
deposits to his account over the previous six months, and
Plaintiff has not agreed to withdrawal of his funds for
commencement of this action.

See 28 U.S.C. § 1915(a)(2).

It is

DENIED without prejudice.
Parties filing actions in the United States District
Court are required to pay filing fees.

28 U.S.C. § 1914(a).

An

action may not proceed without the immediate payment of a filing
fee or in forma pauperis status.

See 28 U.S.C. § 1915.

Prisoners must file their in forma pauperis requests on courtapproved forms, which are available at all prisons housing
Hawaii’s prisoners.

See Local Rule LR99.7.10.

On or before MARCH 26, 2013, Plaintiff must pay the
filing fee of $350.00, or submit a fully completed in forma
pauperis application on the court’s approved prisoner form,
including a certified six-month trust account statement showing
that he is a pauper within the meaning of the statute.

Failure

to do so will result in AUTOMATIC DISMISSAL of the Complaint and
action without prejudice for failure to prosecute this action or
to follow a court order.

See Fed. R. Civ. P. 41(b); see also

Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995); In re
Perroton, 958 F.2d 889, 890 (9th Cir. 1992); Ferdik v. Bonzelet,
963 F.2d 1258, 1260-61 (9th Cir. 1992) (holding that a district
court may dismiss an action for failure to comply with any court
order).
Plaintiff is NOTIFIED that the court will take no
action on any motions that he files until he submits a completed
in forma pauperis application or pays the filing fee.

The Clerk

of Court is DIRECTED to send Plaintiff a copy of the court’s
prisoner in forma pauperis application so that he may comply with
this Order.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, February 26, 2013.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge
Wideman v. Abercrombie, et al., 1:12-cv-00081 SOM/BMK; Order Denying In Forma Pauperis
Application

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