Donte v. Swingle et al

Filing 12

ORDER signed by Magistrate Judge John F. Moulds on 3/29/2010 ORDERING that w/in 30 days, pltf to complete and return the Notice of Submission, w/ the required documents; the clerk to send pltf a new ifp application; and pltf's failure to comply w/ this order may result in the dismissal of this action w/out prejudice.(Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. D. SWINGLE, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983 together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of the request which must be completed by plaintiff's institution of incarceration has not been filled out. Also, plaintiff has not filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff will be provided the opportunity to submit a completed in forma pauperis application and a certified copy in support of his application. ///// ///// ///// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LEONARDO DONTE, Plaintiff, No. 2:10-cv-0299 JFM (PC) ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and In accordance with the above, IT IS HEREBY ORDERED that: 1. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit the following documents to the court: a. A complete Application to Proceed In Forma Pauperis By a Prisoner; b. a certified copy of plaintiff's prison trust account statement for the six month period immediately preceding the filing of the complaint. 2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and 3. Plaintiff's failure to comply with this order may result in the dismissal of this action without prejudice. DATED: March 29, 2010. /md014.dont0299.3c+new.jfm 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Plaintiff 23 24 25 26 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LEONARDO DONTE, Plaintiff, vs. D. SWINGLE, et al., Defendants. ___________________________________/ Plaintiff hereby submits the following document in compliance with the court's order filed : ______________ Complete Application to Proceed In Forma Pauperis By a Prisoner/Certified Copy of Prison Trust Account Statement NOTICE OF SUBMISSION No. 2:10-cv-0299 JFM (PC) DATED:

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