-DAD (PC) Walton v. Evans et al, No. 2:2010cv01591 - Document 12 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 3/9/2011 ORDERING that the 10 findings and recommendations are VACATED; the clerk to send pltf an ifp form; and pltf has 30 days to file a completed ifp application. (Yin, K)

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-DAD (PC) Walton v. Evans et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VAUGHN EMERY WALTON, 11 12 13 14 15 16 Plaintiff, No. 2:10-cv-1591 FCD DAD (PC) vs. MICHEAL EVANS, Warden, et al., Defendants. ORDER / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 17 42 U.S.C. § 1983. By an order filed November 8, 2010, plaintiff was ordered to file a complete 18 in forma pauperis application together with a certified copy of his prison trust account statement 19 for the six month period immediately preceding the filing of the complaint. Plaintiff failed to 20 comply with that order, and on January 3, 2011 this court issued findings and recommendations 21 recommending that this action be dismissed. 22 On January 19, 2011, plaintiff filed objections to the findings and 23 recommendations. Although plaintiff’s objections do not directly address his failure to file an in 24 forma pauperis application and are not accompanied by an in forma pauperis application, in an 25 abundance of caution the court will vacate the findings and recommendations and granted 26 plaintiff one final period of thirty days in which to comply with the court’s November 8, 2010 1 Dockets.Justia.com 1 order. Plaintiff is cautioned that failure to file a properly completed in forma pauperis 2 application will result in a recommendation that this action be dismissed. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed January 3, 2011 are vacated; 5 2. The Clerk of the Court is directed to send plaintiff a form Application to 6 Proceed In Forma Pauperis; 7 8 3. Plaintiff is granted thirty days from the date of this order in which to file a completed in forma pauperis application; and 9 4. Plaintiff’s failure to comply with this order will result in a recommendation 10 that this action be dismissed without prejudice. 11 DATED: March 9, 2011. 12 13 14 15 16 DAD:12 walt1591.vac 17 18 19 20 21 22 23 24 25 26 2

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