Lau v. California Government Code 68635
Filing
18
ORDER signed by Magistrate Judge Dale A. Drozd on 05/24/10 denying 17 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order a properly completed in forma pauperis application that includes a certified copy of pla intiff's prison trust account statement for the 6 month period immediately preceding the filing of the complaint in this action and a prison official's certification. The clerk of the court shall send plaintiff an application to proceed in forma pauperis by a prisoner for use in a civil rights action. (Plummer, M)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On May 6, 2010, plaintiff was directed to pay the filing fee or submit a properly completed in forma pauperis application form. In response to the court's order, plaintiff has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff's in forma pauperis application does not include a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action and a prison official's certification. See 28 U.S.C. § 1915(a)(2). Plaintiff's incomplete application will be denied with leave to file a properly completed application to proceed in forma pauperis. ///// ///// 1 ORDER vs. CALIFORNIA GOVERNMENT CODE 68635, HON LAU, Plaintiff, No. CIV S-10-0297 DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAD:kly lau0297.3e(4)
Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's May 17, 2010, application to proceed in forma pauperis (Docket No. 17) is denied without prejudice; 2. Plaintiff shall submit, within thirty days from the date of this order a properly completed in forma pauperis application that includes a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of the complaint in this action and a prison official's certification; plaintiff is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice; and 3. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. DATED: May 24, 2010.
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