-JFM (PC) Campos v. Salinas et al, No. 2:2010cv02825 - Document 7 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge John F. Moulds on 06/09/11 vacating 5 FINDINGS AND RECOMMENDATIONS. Plaintiff shall submit within 30 days from the date of this order a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint and the certification required on the application form. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)

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-JFM (PC) Campos v. Salinas et al Doc. 7 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FREDDIE CAMPOS, Plaintiff, 10 11 12 No. 2:10-cv-2825 GEB JFM (PC) vs. SALINAS, Warden, et al., 13 Defendants. ORDER 14 / 15 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 16 to 42 U.S.C. § 1983. The court issued findings and recommendations on February 10, 2011 17 recommending dismissal of this action due to plaintiff's failure to keep the court apprised of his 18 current address. Plaintiff has filed timely objections. Accordingly, the findings and 19 recommendations will be vacated. 20 Plaintiff has also filed a request for leave to proceed in forma pauperis pursuant to 21 28 U.S.C. § 1915. Plaintiff has not, however, filed a certified copy of his prison trust account 22 statement for the six month period immediately preceding the filing of the complaint or obtained 23 the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Plaintiff will be 24 provided the opportunity to submit the completed application and the certified copy in support of 25 his application to proceed in forma pauperis. 26 1 Dockets.Justia.com 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. The February 10, 2011 findings and recommendations are vacated; 3 2. Plaintiff shall submit, within thirty days from the date of this order, a certified 4 copy of his prison trust account statement for the six month period immediately preceding the 5 filing of the complaint and the certification required on the application form. Plaintiff’s failure to 6 comply with this order will result in a recommendation that this action be dismissed without 7 prejudice; and 8 9 10 3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. DATED: June 9, 2011. 11 12 13 14 /014;camp2825.3e+vac.fr 15 16 17 18 19 20 21 22 23 24 25 26 2

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